A man who drove dangerously close to a motorcyclist, who was later killed after colliding with another vehicle, has been sentenced to three years in prison.
Andres Grans De Lima Sores (38), of Willow Park Crescent, Glasnevin, Dublin 11, admitted to careless driving causing the death of 19-year-old Calvin Gilchrist on July 31, 2021, reports Breaking News.
He also pleaded guilty to failing to remain at the scene of the crash on Finglas Road in Dublin. The court heard that Sores has no prior convictions.
Dublin Circuit Criminal Court was told that Mr Gilchrist had been riding a stolen motorbike and neither he nor his passenger was wearing a helmet. Shortly before the fatal incident, they had undertaken Sores’ vehicle, prompting him to tailgate the motorbike for almost 500 metres, reports Breaking News.
The court heard that at one stage Sores was just one second behind the motorbike and that both vehicles veered onto the incorrect side of the road.
An approaching taxi attempted to avoid the unfolding situation but was unable to prevent a collision with Mr Gilchrist’s motorbike, which subsequently struck a wall at Glasnevin Cemetery, reports Breaking News.
Mr Gilchrist suffered severe head injuries and was pronounced dead in hospital hours later.
Sores failed to stay at the scene or notify gardaí, who later identified his red Toyota months afterwards and traced it to his home address, reports Breaking News.
The prosecution stated that Sores’ careless driving included excessive speed, maintaining an unsafe distance from the motorbike and driving on the wrong side of the road.
In a victim impact statement read in court by her partner, Mr Gilchrist’s mother Leanne said her son was “robbed of life, his future and everything he could have become”, reports Breaking News.
She said “Calvin was my child, my world, my heart” and “his loss has shattered us as a family”, reports Breaking News.
When outlining the facts of the case last December 11, Judge Pauline Codd described it as a “very serious case because of the continuum of driving and the decision not to let something go and follow it up the road”, reports Breaking News.
She said that Sores “decided to tailgate” Mr Gilchrist and “not let the incident go”. She added that there is “no such thing as a perfect victim and a complete villain” and that the court must assess every aspect of the case, reports Breaking News.
Taking into account that Sores had no previous convictions, she adjourned the matter until Monday to allow for the preparation of a probation report.
Delivering her sentence, Judge Codd said at the outset that she wished to offer the court’s sincere sympathies to Mr Gilchrist’s mother, father, sister, step-father and all who cared for him, reports Breaking News.
She described him as “a much loved son, brother and friend” and acknowledged the difficulty the legal process can pose for grieving families, reports Breaking News.
Judge Codd stated that Sores indirectly caused Mr Gilchrist’s death, while also noting that the teenager’s own actions contributed, as he had been riding a stolen motorbike without a helmet.
“The actions of both the accused and the deceased were highly dangerous – they were driving in a highly reckless and culpable manner. A car driving so close to a bike, a car will always win that battle on the road, where people are jostling for space,” Judge Codd said, reports Breaking News.
She observed that Sores, as the older individual and driver of a car, had greater protection. She said it should have been clear to him that those on the motorbike were more vulnerable and that he must have realised they were not wearing helmets, reports Breaking News.
Addressing his decision to leave the scene, Judge Codd said Sores had effectively “hid under the garda radar” by failing to come forward despite public appeals during the investigation. She praised the gardaí for their work in eventually locating him.
Judge Codd said the consequences of the incident would have been “apparent” to Sores as he had been driving directly behind Mr Gilchrist. She acknowledged that he has since accepted full responsibility, entered a guilty plea and expressed what she described as “genuine remorse”, reports Breaking News.
She took into consideration the devastating impact on Mr Gilchrist’s family, particularly given his young age at the time of his death.
“They feel his loss keenly – the manner in which he lost his life,” Judge Codd said while noting the family’s distress that Mr Gilchrist had been left at the roadside, reports Breaking News.
She expressed hope that evidence showing the taxi driver and passenger stopped to assist the injured teenager would offer some solace to his family. Judge Codd also commended their efforts to help Mr Gilchrist.
Judge Codd referred to the victim impact statement in which Mr Gilchrist’s mother said that “her heart will never heal”, which she said was “wholly understandable”, reports Breaking News.
The judge explained that sentencing law requires the court to focus on the offending behaviour and the personal circumstances of the accused, while recognising that for the family the “deprivation of their loved one is permanent”.
“This is not a measure of the value of the deceased’s life but a measure of the accused’s culpability,” Judge Codd said, reports Breaking News.
She accepted a letter from Sores in which he described the incident as “a catastrophic and life-altering moment” for himself, saying he thinks daily of Mr Gilchrist’s death and the role his actions played in the family’s “unimaginable grief”, reports Breaking News.
Judge Codd said Sores’ driving that evening was “not a momentary lapse but rather continued conduct”.
“If he had maintained and controlled his temper the accident would not have happened,” Judge Codd said before adding that Sores both directly and indirectly contributed to Mr Gilchrist losing control of the motorbike and that, as the driver of the car, “he has to bear some greater level of responsibility”, reports Breaking News.
In mitigation, she noted that Sores had no prior convictions and that evidence suggested his behaviour that night was “an exception” to how he had lived his life in Ireland and his native Brazil. She accepted character references describing him as “respectful and hardworking – a person of good character” and “never known as someone who is reckless or irresponsible”, reports Breaking News.
Judge Codd determined that a custodial sentence was necessary as a “general deterrence” and imposed a four-year sentence with the final year suspended for leaving the scene of an accident. A concurrent 18-month term was handed down for careless driving, and Sores was disqualified from driving for seven years, reports Breaking News.
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