Charlie Heywood: Fatal crash that killed teen was inevitable, court hears
The collision which led to the death of pedestrian Charlie Heywood was ‘inevitable’ because the driver of the Mercedes Benz which struck him did not have time to brake, a court heard.
James Wilson, who was at the wheel, had three times the legal limit of cannabis in his system and was driving above the speed limit when he ploughed into the 19 year old student on the A34 Birmingham Road, Great Barr, in June 2016, as he made his way home from a party.
Even if he had been drug-free and travelling at the correct speed, there would still have been a collision, police investigator Nigel Power told Birmingham Crown Court.
The jury heard that Mr Heywood was ‘very drunk’ and had taken a small amount of cocaine when he stepped into the carriageway from an unlit part of the road.
More from the trial:
Mr Power, an expert in collision investigation, said that in his opinion the accident was ‘inevitable in the circumstances’ because the Mercedes driver would not have had a chance to respond to Mr Heywood’s presence in the road.
The prosecution alleges that Wilson’s speed, between 34-41mph in a 30mph zone, was significant in causing the death because it increased the risk that the collision would be fatal.
In his closing speech to the jury, Mr Patrick Sullivan, QC, said: “You have heard that Charlie Heywood had a hand in his own death and he was a substantial cause of the collision. Nigel Power said the collision itself was unavoidable but the speed at the point of collision is what you should be addressing.
“The collision may have been inevitable but the consequences were not.”
Tragedy
In his submission to the jury, Mr Nigel Stelling, defending, told them that the case hung on the expert evidence and they should not draw any conclusions from the defendant’s absence from the witness box.
“This case is nothing less than a tragedy. You may think it is unusual in that it is not like the crime drama cases you may see depicted on the television – that is because it is all about the science.”
There was no question that the defendant was driving without due care and that he was over the speed limit but Mr Stelling said that these factors did not cause Mr Heywood’s death because the collision had been inevitable.
Wilson, of Chudleigh Grove, Great Barr, pleads not guilty to causing death by careless driving while under the influence of cannabis and also to causing death when not insurance. The jury are expected to be sent out to consider their verdict later today (Friday).
