BMW driver sentenced for causing fatal crash near Welshpool
Keith Brown, 79, died when a BMW X5 hit his parked car on the A458 between Welshpool and Llanfair Caereinion on October 7, 2022. Moments before the crash, BMW driver Lewis Nixon pulled out to overtake a car on the Sylfaen Straight when he collided with the side of a Mazda which was already overtaking the same line of traffic between 96 and 101mph. The Mazda narrowly missed another vehicle and ended up on its roof in a field, while Nixon's BMW, which was carrying three passengers, hit Mr Brown's Peugeot.
Business manager Nixon, 32, was sentenced to 26 weeks imprisonment, suspended for 18 months after pleading guilty to causing death by careless/inconsiderate driving. The Staffordshire man, who appeared before Welshpool Magistrates' Court on Tuesday, was also disqualified from driving for 18 months. "Beloved" and "adored" father and grandfather Mr Brown was returning home to the West Midlands a day early to avoid getting caught in flooding after spending time at a caravan in mid Wales.
His son, Sonny Brown, said in a family statement read out in court by Dyfed-Powys Police family liaison officer PC David Jones that he "vividly" remembers the day their lives were "ripped apart". "His iPhone had not moved from the layby for some time, and I started to panic," Mr Brown said. "I then received a notification from the doorbell activation however we could see police officers. "I spoke to West Midlands Police and felt something bad had happened, but I was still in hope everything was OK."
Mr Brown and his daughter travelled to Welshpool where they were told by a Dyfed-Powys Police officer the awful news. "It shocked me to my core to hear those words," Mr Brown said. "It has been an awful and tragic time for the family. From that day, it has not been the same.
It still breaks our hearts. "He was a huge part of our family. Dad did so much for us.
He was such a kind and caring person." 
"This was a tragic accident that happened nearly two-and-a-half years ago," Mr Kelly said. "This has been hanging over [Nixon] since this happened. It took 26 months for the police or the CPS to reach a decision.
Initially there were two vehicles involved. "The vehicle overtaking a line of traffic, according to police, was travelling between 96 and 101mph on a 60mph road. The only error Mr Nixon made was not looking over his right shoulder when he pulled out.
He doesn't see the Mazda at that speed. He checked the mirrors and saw nothing but the vehicle was in his blind spot." Mr Kelly said the 32-year-old, who had lost his 12-year job at Experian and undergone therapy and counselling following the crash, "will have to live with this for the of his life".
"The pre-sentence report speaks incredibly highly of Mr Nixon and shows the true character of this man," the solicitor added. "He is a low risk of reoffending; this is not someone you will see gain before the court in future, I am confident of that. He is deeply apologetic."
MOST READ STORIES: He added: "Police determined [the Mazda driver] shouldn't be charged with speeding. That must have affected the actions and physics of the two vehicles.
"Mr Nixon remained at the scene and he, first of all, checked on [Mazda driver] Mr Johnson in the field and went back to the scene where one of his colleagues, a former ambulance driver, did everything they could including CPR to Mr Brown."
Chair of the magistrates' bench, Mr Monk, told the court: "This is a very tragic case with longstanding effects which no sentence can fully address."
Nixon, of Radford Rise, Stafford, must complete 200 hours of unpaid work and 14 rehabilitation days, and pay a GBP154 victim surcharge and GBP80 costs.
References
- ^ Man admits causing death of pensioner by careless driving near Welshpool (www.countytimes.co.uk)