Heartbroken Mayo family issue poignant road safety appeal

The heartbroken family of a Mayo man, who died in the heroic act of protecting his niece from being struck by a car, hope his legacy will be to save further lives on Irish roads.

The Moyles family from Ballina made these remarks after the motorist who caused the death of their beloved James received a suspended prison sentence.

Keith O’Brien, aged 49, of Low Valley, Crossmolina pleaded guilty at Castlebar Circuit Criminal Court to dangerous driving causing death. He received a 30-month suspended sentence and was disqualified from driving for 10 years.

James Moyles, aged 33, of Mount Assumpta, Ballina was struck by O’Brien’s Skoda Octavia while he was crossing the road with his four-year old niece at a zebra crossing at Lord Edward Street, Ballina on February 20, 2024. James gave his life to save his beloved niece Croia when he pushed her to safety and shielded her from the collision.

“James Moyles died in the heroic act of saving the life of another. It is the family’s wish that his legacy will be to save further lives on Irish roads,” said the family.

They called on stakeholders to take action to tackle the unacceptable level of road deaths in Ireland and urged motorists to be extra vigilant of pedestrians and all vulnerable road users. The Moyles family said they will take time to consider the court’s decision and thanked all those who have supported them through this tragedy.

The court heard that O’Brien was travelling at 50.8km in a 50km zone when the collision occurred. He told Gardaí he did not see James and Croia crossing the road and was unable to brake in time.

Sgt Stephen Kenny said the accident occurred at 6.15pm on the evening of February 20, 2024, when it was dusk and “nearly dark”. James had walked the short distance from his home to his local shop, Carr’s Daybreak, with his four-year-old niece Croia Barrett.

As they left the shop with groceries, James was holding his niece’s hand. They stopped at the pedestrian crossing and looked for oncoming traffic before crossing.

As they crossed, James looked to his left and saw an oncoming vehicle which did not appear to be slowing down. He attempted to speed up and throw Croia to safety before the point of impact.

Both he and his niece were propelled into the air as James shielded Croia from the vehicle. Croia was thrown a short distance while James was hurled more than 16 metres away and onto the footpath.

The emergency services were at the scene within minutes but the collision caused catastrophic head injuries to James who was taken to Mayo University Hospital by ambulance. He remained on life support for a number of hours but doctors did not see any possibility of recovery. Life support was turned off at 5.16pm on February 21, 2024.

Croia was also taken to hospital and kept overnight. She sustained some bruising but no serious physical injuries.

Sgt Kenny told the court that O’Brien was bringing his 15-year-old son to a music lesson when the accident happened. At the scene, the defendant told Gardaí: “I did not see him, I just didn’t see him. I don’t know how it happened.” 

O'Brien was tested for alcohol and drugs with none detected. There was no evidence of phone use. The defendant told officers he was familiar with the road and travelled it four to five times a week.

CCTV of the harrowing incident was played in court. James and Croia had only been on the crossing for 2.46 seconds before the collision.

James’ uncle Seamus Hyland delivered a powerful victim impact statement on behalf of the family. He said James was like a second father to his nieces Mia and Croia, “and their parents trusted James to keep them safe". 

“James was an integral part of the close-knit Moyles family, and his loss has left a void that can never be filled,” said Mr Hyland.

He said James was a “gentle giant” whose caring nature was evident in his work with St Vincent de Paul in Ballina and every aspect of his life.

“In his final act, James selflessly pushed his little niece Croia out of the way of the oncoming car, saving her life without regard for his own,” said Mr Hyland.

He described how his mother, father, siblings, and other family members saw first-hand the devastating scene.

“James lying on the road, motionless, unconscious, covered in blood, and the emergency services working tirelessly, desperately trying to save his life.” 

James’ parents Ann and Michael were asked if they were willing to donate James’ organs and they agreed to do so.

Michael said that “James had saved one little girl tonight and maybe he could save another". However, the injuries to his organs were so extensive that they could not used.

The Moyles family play the events of February 20, 2024 in their heads several times daily, Mr Hyland said.

“This tragedy has left a legacy of sadness and sorrow which feels as if it will never leave them,” he added.

Mr Hyland detailed the incredible bond James had with his mother Ann and all the family. Mrs Moyles remains “haunted” by the image of her son’s final moments.

“Ann still expects him to come in the door even now,” he stated. “She is angry that her son has been taken from her so needlessly. She thinks that drivers need to cop on and stop speeding on that road and she despairs that many drivers are still speeding on the same road despite all that has happened."

The family has been seeking to have speed ramps installed on the road where James was killed. The court was later told that Mayo County Council is to carry out re-design works at the location.

Mrs Moyles visits James’ grave almost daily and his father Michael is at his graveside five times a week. 

“As time goes by, he misses James more,” said Mr Hyland. “Since James died he only gets about four hours sleep on a good night as he is constantly twisting and turning as his mind return to the accident."

He said Croia and Mia miss their uncle terribly. Croia was scared crossing the road after the accident and afraid to be in the vicinity of cars.

“If she was a passenger in a car, she would ask the driver not to drive fast. Since this accident, Croia has suffered emotionally and psychologically.” 

The family described their grief as a “life sentence".

“Sometimes it feels like a nightmare, and you expect that you will wake up from this nightmare and that James will walk in the door, but he never does, and he never will, and this is the great loss, the reality that we will never see James again.” 

The court was told the defendant has no previous convictions.

Senior counsel, Michael Bowman, representing O’Brien, told the court that by the time his client applied the brakes it was “tragically too late". He said O’Brien is “devastated” by the death of James Moyles and would go back in time to change what happened if he could.

Mr Bowman said following the accident, his client immediately went to check on Croia and then James. He said O’Brien was among several people who rang 999.

A letter of apology from O’Brien was read out in court.

“I am sorry for James’ death and the loss of your son, your brother, your friend. I am sorry for everything that happened on the 20th of February and for everything you have gone through since because of it. I have thought about your family, the pain, the suffering you have gone through,” he stated, adding that he often thinks of the selfless bravery shown by James.

“Without his quick thinking and bravery, I dread to think what might have happened. I hope that Croia is recovering from the trauma she has suffered.” 

The court heard the father-of-two is originally from Co Meath.

“I look at my my own children and the devastation of losing them and even just the thought of that is hard to bear,” his letter stated. “I will carry James and your family in my thoughts for the rest of my life,” the letter concluded.

Mr Bowman said O’Brien had a “momentary lapse of concentration", adding that his client has been in employment for the past 28 years and is involved in a number of sporting and community organisations. Several testimonials were read into the court.

The barrister said O’Brien did not countenance a plea of not guilty and is “committed fully to take ownership and responsibility".

Judge Eoin Garavan said the accident was caused by a “catastrophic misjudgment” by the defendant.

Commending the bravery of James Moyles, he stated: “The last thing he did on Earth was the best of him. The last thing James did was to save someone else.” 

The judge said he understands why the Moyles family are angry following the devastating loss of James.

“There must be room for forgiveness too. Difficult as that is,” he added.

Judge Garavan said it was “almost impossible to fathom” how O’Brien failed to see James and his niece. He stated while the driver was at or just above the speed limit for that stretch of road, the speed was too high for an urban area at dusk.

“The speed limit is not a target,” Judge Garavan commented.

He said while the speed was certainly an issue there was a lack of aggravating factors in the case. The judge said O’Brien is a “good man” who has accepted his guilt and never tried to make himself more innocent than he is.

“I believe the guilt will be a companion for the rest of his life," he added.

Judge Garavan said he did not believe a custodial sentence was warranted and imposed a suspended prison sentence of two years and six months, as well as a 10-year driving ban.

“I hope I have done the right thing. I believe I have done the right thing,” he stated. “Sometimes law and moral values come together. Let justice be done, and I believe it has been done today,” the judge added.

• Published as part of the Court Reporting Scheme.