A man whose dangerous driving caused the death of his best friend has been sentenced to a prison term of four years with the last two and a half years suspended.
Kevin McCarthy (23) was driving at around twice the speed limit when he entered a bend in the road near Brittas, Co. Dublin. He lost control of the car and hit four trees and a pole before the car flipped over and travelled 115 metres on its roof.
Thomas Carroll (21), who was a back seat passenger, was killed. His family, who were present during the hearing Wednesday, walked out en masse when Judge Pauline Codd imposed the partially suspended sentence.
McCarthy of Rossfield Park, Tallaght, Dublin pleaded guilty at Dublin Circuit Criminal Court to one count of dangerous driving causing the death of Mr Carroll on the N81 near Brittas, Co Wicklow on May 29th 2014.
McCarthy has 73 previous convictions. They include one offence of careless driving and offences of driving a car with no NCT, driving without insurance. The majority of his convictions are for documentary road traffic offences.
McCarthy took the stand to apologise to the victim’s family. Judge Codd said the prosecution accepted that McCarthy was genuinely remorseful.
Garda Maria Dolan told the sentencing hearing that a paper delivery driver was driving along the road by the Blue Gardenia pub near Brittas around 2.40am in the morning when he came across an upturned car in the middle of the road and four young men who were “hysterical” and asking for help for their friend.
Mr Carroll, a father-of-one, was lying at the scene with massive head injuries. He was pronounced dead shortly afterwards.
McCarthy told gardaí he had been hanging out with his group of friends that evening like they usually did. He said he was driving the group back to Tallaght and Mr Carroll was sitting in the back passenger seat when the car spun out of control into some trees.
It flipped over twice and spun around about 10 times before coming to rest on the wrong side of the road.
McCarthy told gardaí he was travelling at around 100-120 km/h at the time, which he said was the speed limit on the road. However, the court heard the speed limit was 60km/h and this was signposted on the road about 300 metres before the crash site.
“I never went out that night planning on hurting anyone,” McCarthy told gardaí. “Tom was one of my best friends. I miss him terribly.”
McCarthy sat with his head bowed and wiped his eyes several times during the sentence hearing. He wears a necklace with a picture of his friend “to remind him every day”, Gda Dolan said.
Family members of the dead man also wept in court and several had to leave as details of the young man’s death were heard in court. A forensic report stated he was partially ejected from the car when it flipped and was dragged along the road.
In victim impact statements read out in court, Mr Carroll’s mother, brother and two sisters described the pain of losing their son and brother in such horrific circumstances that they were advised to hold his funeral in a closed casket.
The funeral directors worked for 12 hours to ensure they could see his body and hold his hand one last time, the court heard.
His mother, Nicola Carroll, said she was “distraught” at how he died and often thinks of how terrified he must have been in his final moments in the car. She said her son Glen, who was called to the scene by Carroll’s friends, was still traumatised by what he saw that night.
The court heard “Tom” was a devoted father, son and sibling, who was “always laughing” and “had a smile that could light up a room”.
His partner Mairead described her devastation at losing her childhood sweetheart and future husband. She said their daughter, who was three when Mr Carroll was killed, still struggled with his death.
“It’s hard bringing up a child alone and harder when I have to answer her little questions about how daddy died and why daddy died,” she wrote.
The court heard McCarthy had not been drinking on the night of the crash. He tested positive for smoking cannabis in the days before the crash but this was not a factor in the incident, Gda Dolan said.
Hugh Harnett SC, defending, said it was a “tragedy” and his client was “hugely remorseful and devastated” at the death of his friend.
He submitted McCarthy had co-operated fully with gardaí and immediately admitted to being the driver. This was significant, as none of the other men in the car gave statements to gardaí, the court heard.
McCarthy took the stand to make a tearful apology to the victim’s family, telling them: “I’m very very sorry for all that happened”.
Judge Codd said that Mr Carroll’s death was caused by a negligent act as opposed to an intentional act and that the court must assess the degree of criminal recklessness involved. She said that sentencing was not an exercise in vengeance or an act of retaliation.
She said McCarthy’s previous record indicated a lack of respect on his part for road traffic law. She said that McCarthy had acknowledged fully his responsibility and his remorse was great.
“He now has to live with that guilt and he’ll carry that burden for the rest of his life,” she said.
Speaking outside the courthouse the victim’s mother Nicola Carroll said: “We are absolutely disgusted by the justice system in Ireland. A year and a half is simply not enough for our beloved son, brother and daddy to our granddaughter Kayla who will grow up without her daddy.
“Kevin McCarthy will walk free in 18 months and live his life as normal while we will suffer a life sentence.”