Man jailed 7 years for manslaughter after causing fatal collision on M62
A PASSENGER who pulled the hand brake of a car causing a fatal crash on the M62 has been jailed.
Gary Toomey, 37, and his former partner Victoria Bell were travelling down a stretch of the motorway at 11.30pm on Friday evening, September 24, 2021, in a black Audi A3, when he pulled the hand brake causing the car to spin out of control.
The defendant’s actions were heard to be a reaction to a heated argument that was taking place between the pair during the journey.
As the car began to spin, it then collided with a central reservation along the motorway between junctions seven, Rainhill Stoops, and eight, Burtonwood.
It was heard that the defendant, who worked as a professional HGV driver, then opened the door and immediately left the vehicle and stood along the grass verge ‘screaming’ for his ex-partner.
The driver, and victim of the crash, exited the vehicle too, but was struck by an oncoming vehicle, a silver Mercedes SUV, and died as a result of her injuries.
Detailing the facts of the case, Robert Dudley told Liverpool Crown Court today, Thursday, that the 34-year-old victim lived with her mother in Huddersfield and that her and the defendant were in a short-term relationship.
In February 2021, the defendant moved in with the victim and the pair had an ‘on-off relationship’.
“There were incidents during the relationship, one where the couple went for a weekend away in Blackpool and Toomey’s then partner reportedly returned from the trip with a black eye,” Mr Dudley said.
It was heard that the relationship went downhill after six weeks and Toomey moved out of his ex-partner’s family home.
Soon after, the defendant sent an email to the victim’s work, alleging that she was a drug user.
He sent another thereafter to explain there was no truth in those words.
The pair would occasionally meet up after they split, the night of the crash being one of those occasions, the prosecutor told.
“On Friday they had gone to a music[1] festival in Liverpool. The accident occurred on the M62. It was dark and dry and fine. But that is a period of the M62 where there is no street lighting.”
The victim of the crash was driving her newly bought Audi in the third lane. A driver reported that the car was speeding at approximately 80 mph but then slowed down, when all of a sudden it stopped, and smoke could be seen coming from the vehicle.
The car spun and crashed into the central reservation; it was situated perpendicular to oncoming traffic.
When it was later examined by police the hand brake was ‘fully applied’.
Toomey left the car first, however when the victim opened the door on her side, she was hit by the oncoming Mercedes.
The driver of the Mercedes stated that ‘it was really hard to see until the last moment’ and he suddenly could see a black car in view but that was all.
All those travelling in the vehicle also sustained minor injuries due to the crash.
It was told that the defendant could be heard screaming the victim's name from the grass verge where he was stood.
The victim suffered fractures to her neck, back and a rupture to her heart.
Emergency services arrived on the scene and the woman was treated by paramedics at the scene but sadly died of her injuries. Toomey was taken to Whiston Hospital to be checked over.
He was later arrested and interviewed on the Sunday. During the police interview he stated that he was taking medication for depression and anxiety.
When asked about his relationship with the victim he said that it was ‘great’ until his mental health began to deteriorate.
He said on the day of the crash, the couple had been arguing earlier on the way to Liverpool out directions. They stayed in Liverpool and both consumed alcohol, him more so than her, and they left the festival to travel home at 10:45pm.
During a heating argument on the way back home, the defendant said the driver had said once she had dropped him off she was ‘never going to speak to him again’.
“He had a feeling in his gut and it just exploded,” Mr Dudley added, stating that the defendant had spoke of the victim ‘screaming for him to get out’ and he then ‘ran for it’.
In an emotional statement made by the victim’s mother which was read out to the court, she said: “She was cruelly taken from me in a road crash. I don’t have any quality of life anymore.
“I will never get to hear her ready for work or hear her say ‘mum I am home’.
“I do not drive, and I used to rely on her to help me. Without her my life has changed in more ways than you can imagine.
“Your actions have ruined my life forever. I am trapped in an ever-lasting nightmare.
“It breaks my heart to know I will never see her again.”
Three more victim personal statements were read out to the courts, one being from the victim’s best friend.
She said: “How can I put into words how much I miss my best friend. I miss her laugh and cheekiness. I miss our day trips. I miss our nights out when we danced the night away.
“I miss laughing with her. There is a huge hole that cannot be filled. I want to keep her memory alive.
“I miss her more than words will ever say.”
In other heartbreaking statements, the victim was described as a ‘true Yorkshire lass’ and ‘the most loyal person’.
The devastation and effect her death has had on several lives was clear from the statements read.
Defending, David James said his client accepts full culpability for the victim’s death.
“He does describe the spontaneous act of pulling the hand break and it not being an action to cause harm,” he said.
“His remorse and sorrow is genuine. He does wish to publicly apologise for his behaviour. He was detained under the Mental Health Act after this collision.”
Concluding the sentencing, Honour Judge Andrew Menary said in relation to the incident: “She was driving her newly bought Audi A3 car at around 11.30pm.
“An argument which had been developing for some time had reached a peak.
“These were stupid arguments but at one point you acted in temper which caused her death.
“You are an experienced motorist, you are a HGV driver and know the consequences of doing such a thing.
“It is clear from all the statements that the victim was a loved and cherished person. It is clear that she will be forever deeply missed.
“There is frankly no sentence that I can pass that will begin to help the loss that this has caused.”
Toomey, of Hollin Hey Road, Bolton, was handed a prison sentence of seven years and four months for manslaughter of which he will serve two-thirds of before being released on licence.
He was also banned from driving for 82 months and two weeks.
'This will act as a stark message'
The sentence was welcomed by DS Kurt Timpson, lead investigating officer from Merseyside Police's Serious Collision Investigation Unit.
He said: “Our thoughts remain very much with the victim's family and her close friends.
"It has been a complex and prolonged investigation and a very difficult period of time for them, as their lives have been changed forever by this incident.
"They have been supported by a specially trained family liaison officer throughout the case. “I welcome the sentence today and I would like to thank members of the public who helped at the scene that evening.
“Toomey has destroyed a close family relationship by his shocking behaviour that night.
"Any person travelling at speed in a moving vehicle on a motorway would instinctively know that to pull a hand brake would be highly likely to cause very serious injury or death, to them and other road users. It is simply beyond belief.
“Road death is sudden and traumatic, and causes unimaginable harm to people who become involved.
"This case was caused by the unlawful act of a passenger in his former partner's vehicle, and should never had happened. “Merseyside Police will not tolerate any form of domestic abuse or controlling and coercive behaviour.
"We will deal robustly with every report and work with partner agencies to prevent and reduce this type of crime.
"We are also committed to the prevention of serious injury and death on the roads, to work towards Vision Zero – our strategy focused on reducing the amount of road traffic collisions in our region and to lower the number of people killed and seriously injured on our streets. “As Toomey begins his sentence today, the victim's family and close friendship group have to try and rebuild their own lives caused by his reckless behaviour.
"I thank them for their patience and the dignified way they responded throughout this investigation.
“The sentence issued at Liverpool Crown Court today shows that the courts will deal robustly with offenders and acts as a stark message to anyone whose selfish and reckless actions end in such tragedy.”