Driver, 44, who had smoked cannabis hours before killing father-of-three cyclist in crash is spared jail – after judge is told him being behind bars would have ‘harmful effect …
Driver, 44, who had smoked cannabis hours before killing father-of-three cyclist in crash is spared jail – after judge is told him being behind bars would have ‘harmful effect on his mother’
- Mark Beresford killed Darren Maironis as he cycled along the A535 in Cheshire
- Judge Simon Berkson said jail time would impact Beresford’s elderly mother
A man who had smoked cannabis hours before he killed a father-of-three when he crashed his Ford Transit van into him as he cycled along the road has been spared jail as the judge said it would have a ‘potential impact’ on his mother.
Mark Beresford was found by police officers lying on the ground talking in a ‘childlike manner’ as high school maths teacher Darren Maironis was being rushed to hospital with fatal injuries.
The 44-year-old had failed to spot the married father-of-three as he cycled down a hill towards him and incredibly told officers as he was on the floor: ‘He could have gone around me, that’s what gets me.’
Inquiries revealed the warehouseman had been smoking cannabis the night before the accident but was under the drug-drive limit when he was tested four hours after the crash.
Former wrestler Mr Maironis, who taught at Westleigh School in Leigh, Greater Manchester, was taking part in a cycling time trial at the time.
He died the following day in hospital.
At Chester Crown Court, Beresford, from Macclesfield, Cheshire, faced up to three years in prison after he admitted causing death by careless driving.
But Judge Simon Berkson instead spared him time behind bars as ‘it would have an effect’ on his elderly mother.
Mark Beresford, 44, stands outside Chester Crown Court. He admitted causing death by careless driving and faced three years behind bars, but a judge spared him jail saying it would ‘impact his elderly mother’
Beresford had been smoking cannabis the night before the crash but was under the drug-drive limit when officers carried out a test
Darren Maironis, 48, was taking part in a cycling time trail when he was hit by Beresford’s Ford Transit van on the A535 in Cheshire
‘No sentence that the court can impose can in any way reflect the loss of someone’s life and this crime has devastated a family,’ Judge Berkson said.
‘I can only hope that with the proceedings coming to an end that the family can come to terms with what has happened.
‘They will never get over their loss. They will have to live with the consequences of your actions forever.
‘But I am of a view that there is a real prospect of rehabilitation in your case.
‘Further, there is the potential impact on your elderly mother if you were to be sent to prison.
‘It would have an effect on her as you help her with her health problems and financially. In these circumstances I believe I am able to suspend the sentence.’
Beresford was travelling along the A535 Chelford Road in Goostrey, Cheshire, at 3.40pm on July 17, 2021, when he ploughed into Mr Maironis.
Jayne Morris, prosecuting, said: ‘He had been following his mobile phone sat nav system which was in a holder to the right side of the steering wheel.
‘The instructions were spoken and on the approach to the junction the defendant was instructed by the satellite navigation system to turn right.
‘But travelling in the opposite direction was Darren Maironis who was taking part in a time trial cycle event.
‘An eye witness expected the defendant to stop and wait before turning right but he didn’t and turned into the path of Mr Maironis.
‘In her statement she said: “I couldn’t believe my eyes when it didn’t stop, it wasn’t going particularly quickly but it just kept going”.
Mr Maironis was a high school maths teacher at Westleigh School in Leigh, Greater Manchester. The father-of-three was described by his widow, Louise, as the ‘glue who held us all together’
Maironis was a former wrestler. Louise said ‘he was incredibly strong, his strength and determination gave us all purpose’
The cyclist was rushed to hospital but died from his injuries the next day. A witness of the crash tried to help him
‘She then heard a dull bang and saw debris fly to the right of the van and added. “I knew the van must have hit the cyclist but I just couldn’t believe it”.
‘The defendant then began to reverse and although she sounded her horn but the defendant’s van struck her car.
‘She immediately went to assist Mr Maironis who was lying in the road, seriously injured.
‘As she did so she heard the defendant say “I just didn’t see him” and “He was coming so fast”.
‘He appeared to be in shock and said that he hadn’t seen Mr Maironis.
‘Police officers arrived at the scene at approximately 4pm to find the defendant was sat on the ground talking to a paramedic.
‘He was upset and shaken. He provided a sample of breath and a drug Wipe, both of which were negative but police thought he was acting strangely.
‘He was lying on the floor, speaking in a childlike manner and his pupils were very small.
‘As a result, the officers performed a Preliminary Impairment Test but following his performance, in particular his walk and turn test in which he swayed and began to lose balance on the return steps, the fact that he missed his nose on one of the nose touch tests, failed to bring his hand down as instructed and required lots of prompting they suspected impairment.’
A sample of blood for analysis taken at 7.51pm four hours after the collision showed Beresford had 1.7 micrograms of tetrahydocannabinol (THC) per litre of blood in his system, the prescribed limit being 2mg.
He later told police he was dazzled by the sun.
In a statement, Mr Maironis’s widow, Louise, a customer services representative, said: ‘Losing Darren has shattered our world.
‘He was the glue, he held us all together and was dedicated to his family.
‘He was incredibly strong, his strength and determination gave us all purpose.
‘The pain of losing him has been totally heartbreaking. He was incredibly loved by all who knew him, friends, colleagues, students.
‘He touched so many lives in so many ways. Becoming a widow has changed all that, changed our plans, changed everything.
‘We miss his laughter, we miss his zest for life. He will never be forgotten and his memory will be cherished.
‘Darren was our hero, it was an honour and privilege to have him in our lives.’
Beresford’s defence counsel, Tom Gent, said: ‘There is not a day goes by when the defendant does not think about the consequences of his actions.
‘He is truly consumed with remorse and tormented by his feelings of guilt.
‘The purpose of his journey that day was to collect slabs from his fishing club. Prior to turning the sun was high in the sky.
‘He believed that he had a sufficient view. He believed it was clear, began to turn and then immediately realised that he had missed the cyclist Mr Maironis.
‘Assuming panic contributed to his emotional immaturity, he panicked and he did not know what to do with himself.
‘His own recollection of the aftermath is that he was acutely distressed and extremely emotional.
‘His behaviour at the performance of the various tests can properly be attributed to a reaction to the collision rather than the consumption of cannabis the night before.
‘He did not for one minute believe that he was over the limit.
‘He had been working physically through the day and felt perfectly fine. He did not think for one minute that his driving was impaired.
‘His immediate imprisonment will have a harmful effect on others, in particular his elderly mother Sandra for whom he cares and provides for financially.
‘He cares for his mother, supports her and supports her financially. They live together under the same roof.
‘If an immediate custodial sentence is imposed, she fears she will lose the family home as the mortgage payments will not be made.
‘The defendant recognises entirely that to suspend any sentence of imprisonment would be a merciful course of action.
‘This is a kind-hearted man who will forever punish himself for what he has done.’
Beresford was sentenced to 10 months in jail, suspended for two years, along with a requirement to complete 200 hours of unpaid work.
References
- ^ Matt Strudwick (www.dailymail.co.uk)