Pedestrian was highly intoxicated at time of fatal crash
The accident occurred at Humbert Way in Castlebar.
A man who failed to remain at the scene of a fatal road accident has avoided a driving disqualification.
Derek Young, aged 41, of St Brigid’s Place, Portlaoise, Co Laois previously pleaded guilty at Castlebar Circuit Criminal Court to failing to stop at the scene of an accident and not informing the authorities of an accident on March 10, 2021. The court heard that the incident resulted in the death of Latvian native Deniss Prosvirnevs, who was aged 45.
Mr Prosvirnevs was discovered on the road by passers-by at Humbert Way in Castlebar and was transferred to Mayo University Hospital where he was pronounced dead shortly after 1am on March 11, 2021. The cause of death was found to be a traumatic brain injury caused by blunt force trauma. A panel from a vehicle was found near the scene and gardaí concluded that Mr Prosvirnevs was struck by a white van.
On March 13, Gda John Murphy was on checkpoint duty at Chestnut Grove in Castlebar when he saw a white Volkswagen Crafter van at a nearby service station. The driver, Derek Young, told the garda he had been driving at Humbert Way on the night of the incident and believed he struck a dog.
Young was taken to Castlebar Garda Station for questioning. He told gardaí he had "just seen a shadow shooting through a gate", which he believed to be a dog. When he returned to Castlebar after making a delivery in Westport, he tried to return to the scene of the accident but the gardaí told him to turn around as the road was now closed.
Young has three previous convictions dating back to 2004 for non-display of a tax disc, driving without tax and without insurance.
Barrister Michael Bowman said it was a dark, wet and windy night, and his client "genuinely believed" he struck an animal.
Young offered an apology to Mr Prosvirnevs’ family and compensation of €5,000.
Judge Eoin Garavan imposed a one-year suspended prison sentence in February of this year and adjourned sentencing in respect of a driving disqualification.
The case came before the court again last week.
Judge Garavan noted the pathology report following the death of Mr Prosinervs and the "extraordinary" level of alcohol in the deceased's system. He said the victim was "on all fours" on the road when he was struck by the van.
The judge said he was cognisant of Young’s occupation as a driver, the financial needs of his two children, and the extenuating circumstances of the accident.
“I don’t have concerns about his ability to drive,” said Judge Garavan who elected not to impose a driving ban.
