Tragic news.

[Josher]

Latest ...

 

Van driver admits leaving Pendle cyclist in road to die

 

4:03pm Monday 6th June 2011 Lancashire Telegraph

 

A VAN driver said to have hit a cyclist and then driven off, leaving him him dying at the roadside, has been warned he is facing jail. Andrew Stanley Edwards, 47, today admitted causing the death of Michael Isherwood by careless driving on Kelbrook Road, Salterforth, last November 22. He also pleaded guilty to failing to stop after an accident.

 

Edwards, of Bagshaw Street, Hyde, Cheshire, who was employed as a fruit and vegetable delivery driver for a catering firm, was given unconditional bail until July 4, for a pre-sentence report. Judge Simon Newell told him: "You have to be aware that all sentences are at large and there is a very strong preponderance that will be a custodial sentence in this case."

 

Mr Isherwood, 36, lived with his parents at Meadow Way, Barnoldswick, and worked as a canal boatmaster, taking parties on canal boat trips.

[Josher]

The Judge decides ...

 

Hit and run driver who killed Barnoldswick cyclist spared jail

 

9:30am Wednesday 6th July 2011 Lancashire Telegraph

 

A HIT-and-run driver who left a cyclist dying in the road has escaped being sent to jail. Family and friends of Michael Isherwood yesterday spoke of their ‘strong disappointment’ after seeing delivery driver Andrew Edwards walk free from court. And they were backed by Pendle MP Andrew Stephenson who said the ‘lenient’ sentence sent out the wrong message.

 

Edwards, 47, failed to stop after his van veered into the cycle lane in Kelbrook Road, Salterforth, and hit Mr Isherwood, catapulting the 36-year-old around 50-feet. A hearing at Burnley Crown Court was told the defendant stopped 200-metres up the road to inspect damage to his vehicle before continuing with his deliveries. He also saw the aftermath of the accident as he drove back along the road, but again failed to stop. Edwards, of Bagshaw Street, Hyde, did not admit the offence until after he was arrested, the court was told. He later claimed he thought he had struck roadside furniture. In court his barrister said he had veered into the cycle lane after momentarily blacking out at the wheel. At the time he was under stress because his partner Elaine Tierney was recovering from surgery, and he had been on the road for several hours, the court heard. He pleaded guilty to causing death by careless driving and failing to stop after an accident.

 

Judge Andrew Woolman sentenced him to 12 months in prison, suspended for 18 months, banned him from driving for a year and ordered to carry out 200 hours of unpaid work. He had been warned at an earlier hearing that he could be jailed. Speaking after the hearing Ken Isherwood, Michael’s father, said: “We are disappointed that he didn’t actually go down for it. “Being given a suspended sentence, in a way, is like getting away with it, but perhaps it doesn’t help that the prisons are so full. He did not stop at the scene and even came back down the road when Michael was dying. He exploited his partner’s illness. Of course we feel sorry for her, but her illness should not have been part of the case.” Ivy Isherwood, Michael’s mother, said: “His life will get back to normal, but ours never will. He should have done the right thing and admitted it in the beginning.”

 

Mr Isherwood, who lived with his parents in Meadow Way, Barnoldswick, worked as a boatmaster at Foulridge Canal Cruises. Martin Cleaver, who was his boss, said: “I do not think it really sets a good example to have somebody who has done a hit-and-run and then later on drove past the accident again being let off. But the facts of the case were presented in a way that there was some doubt that he could have fallen asleep and not seen the accident, and the judge took that view.”

 

The court heard Mr Isherwood was catapulted beyond a roadside ditch after being hit at 10.20am on November 22. Motorist Darren Martindale stopped and administered cardio pulmonary resuscitation to Mr Isherwood, who was still alive. But the cyclist died before an ambulance arrived at 10.41am.

 

Prosecuting Mark Lamberty said Edwards had given different accounts to people about the van damage that morning. After he was arrested on November 23, he replied: "Was it that bump yesterday? I didn't know he was dead." For Edwards, Jamie Hamilton said Miss Tierney had undergone surgery for a brain tumour on November 3, and that Edwards had returned to work after three weeks’ leave on the morning of the accident. He had set off for work at 2.35am that morning. Edwards in a prepared statement said he had had a blackout and had not seen any cyclist. Mr Hamilton said: "The defendant had, before this incident, been through perhaps what was the most stressful experience of his life. He felt he had little choice other than to return to work for financial reasons, but did so at a time when his own health was suffering."

 

Detective Inspector Mark Rothwell, of Lancashire Police, led the investigation, and described it as a ‘tragic case all round’. He said: “Michael Isherwood was on what most people would regard as a very safe piece of road for cycling. It is a long, straight and wide stretch with a clearly designated cycle lane. Michael was within that lane and was then catapulted 50-feet to his death by a driver who himself was under pressure through his domestic circumstances, but there was no excuse to leave the scene. It is a tragic case from which there is no winner.”

 

Pendle MP Andrew Stephenson said: “I’m very disappointed to hear the sentence that has been handed out. “Judges need to send out a strong message in cases like this. This sort of driving is very bad and needs to be punished full stop, but to leave the scene is particularly bad. It’s completely shocking for everyone. I feel the sentence here is far too lenient.”

[Travis]

Speechless.

[stagedamager]

Disgusting.

[alan_fincher]

Speechless.

I can only agree, based on the way the reporting reads.

 

This guy didn't just have the accident - he left someone dying, and then tried to pretend he had not been involved.

 

What sort of message does it send to others ?

 

A very bad decision by the court, in my personal view.

[andywatson]

I'm not surprised. It's quite usual.

Unfortunately.

[Dr Bradley]

I can understand (even if I don't really believe) mitigating circumstances for an accident. There cannot be any such circumstances for driving off. He should have been jailed, and that's from someone who thinks far too many people are jailed when better options are available.

AND BANNED FOR A YEAR - IT SHOULD HAVE BEEN FOR LIFE.

[Bordergirl]

I'm sure I remember recently hearing on the news of a woman who received a very similar sentence (suspended prison sentence, community serivce) for committing sickness benefit fraud. So is this equivalent to seriously injuring someone and leaving them to die - I don't think so - but obviously our legal system does. And a one year ban - I can't find the words.

[nb Innisfree]

in cases such as these I think guilt comes in degrees, someone who panics and drives off and later calms down and gives themselves up can be understood to a certain degree but anyone who stops to use a victims phone or inspect their own damage suggests a total lack of empathy. Sub clinical psychopath perhaps? Link to old thread

[Bordergirl]

in cases such as these I think guilt comes in degrees, someone who panics and drives off and later calms down and gives themselves up can be understood to a certain degree but anyone who stops to use a victims phone or inspect their own damage suggests a total lack of empathy. Sub clinical psychopath perhaps? Link to old thread

 

Interesting point but personally I would consider the sentence too lenient even for the case of someone who panicked and later gave themselves up.

[Ex- Member]

This guy didn't just have the accident - he left someone dying, and then tried

to pretend he had not been involved

 

 

 

Exactly and if it was reported promptly it's possible that the cyclist could have been saved (the Golden hour as it's called)

I believe in France this would amount to a charge of murder or unlawful killing.

 

Something needs to be done the law is an ass in this case.

[nb Innisfree]

Interesting point but personally I would consider the sentence too lenient even for the case of someone who panicked and later gave themselves up.

 

You could be right.

[DaveR]

Sorry, shoot or stab some one and you go down for life. Run them down in a vehicle and get away with murder.

 

There is no justice anymore, the right of the defendant overtake the rights of the victim.

[nb Innisfree]

I can only agree, based on the way the reporting reads.

 

This guy didn't just have the accident - he left someone dying, and then tried to pretend he had not been involved.

 

What sort of message does it send to others ?

 

A very bad decision by the court, in my personal view.

 

That's possible but we can't know that for certain.

[Tigerr]

This sort of sentence for killing cyclists with ones car or van is not that unusual.

It is one of those things that can happen to a driver if he is preoccupied or tired. A momentary loss of concentration or a blackout. It could happen to anyone.

The sentence is understandable really, especially if most of the folk in the court are drivers too - there but for the grace of god and all that.

If the folk in court had been mostly utility cyclists I expect a rather different sentence would have passed.

[larkshall]

Among the many things we don't know is what the pre-sentence report contained

[Gibbo]

Among the many things we don't know is what the pre-sentence report contained

 

Or what the style and manner of the cyclist's riding was?

[alan_fincher]

Or what the style and manner of the cyclist's riding was?

If this cyclist's "style and manner" were proved to be in any way other than impeccable, that would be fair justification for "hit and run", and leaving him for dead, would it ?

 

Or then denying it had happened ?

 

Whatever you think about cyclists, it seems unlikely he was invisible.

 

You could try reading what the police said, of course.....

 

Detective Inspector Mark Rothwell, of Lancashire Police, led the investigation, and described it as a ‘tragic case all round’. He said: “Michael Isherwood was on what most people would regard as a very safe piece of road for cycling. It is a long, straight and wide stretch with a clearly designated cycle lane. Michael was within that lane and was then catapulted 50-feet to his death by a driver who himself was under pressure through his domestic circumstances, but there was no excuse to leave the scene. It is a tragic case from which there is no winner.”

Edited July 6, 2011 by alan_fincher

[Guest]

If this cyclist's style and amnner were proved to be in any way other than impeccable, that would be fair justification for hit and run, and leaving him for dead, would it ?

 

Or then denying it had happened ?

 

Whatever you think about cyclists, it seems unlikely he was invisible.

 

You could try reading what the police said, of course.....

 

I too thought that was harsh. Even if the bike was being ridden erraticly (and it reads to me as if it defo. wasn't) there is no justification for catapulting somebody for 50ft off there bike and leaving them for dead, oh and for good measure driving past the scene.

[nb Innisfree]

The simple fact is none of us know the circumstances of what actually happened, it's all conjecture, nothing definite.

Edited July 6, 2011 by nb Innisfree

[Gibbo]

You could try reading what the police said, of course.....

 

And you could try living with a copper for 13 years and knowing that a copper saying "Michael was within that lane" does not mean Michael was within that lane.

 

You, nor I, know enough about the case to say whether the sentence is right or wrong. We weren't there, we weren't party to the evidence and we weren't in court.

[alan_fincher]

The simple fact is none of us know what actually happened, it's all conjecture, nothing definite.

We are told what he did......

 

And what he claimed......

 

He later claimed he thought he had struck roadside furniture.

 

The police have said the cyclist was properly within a well defined cycle lane...... Lots of "roadside furniture" in those, (not!).

 

Can you seriously send a cyclist flying 50 feet with a vehicle, and not know you have done it ?

 

You would either have to be completely out of your head on something, or have a severe medical condition - either way I'd not like to think they could be driving again in a year's time.

[muddywaters]

Not stopping after an accident should carry an automatic prison sentence IMHO.

And from what I have read about this case the sentence, was going to say is a joke then realised jokes are supposed to be funny.

So it's a disgrace

[137-Digital]

Not stopping after an accident should carry an automatic prison sentence IMHO.

And from what I have read about this case the sentence, was going to say is a joke then realised jokes are supposed to be funny.

So it's a disgrace

As much as I agree with that, it won't be implemented as the prisons are already full and government and such are look at other options to locking people up in many cases

[mayalld]

Edwards, of Bagshaw Street, Hyde

 

Round the corner from me.

 

Hyde has always had an above average quota of killers.