Tyron and David Francois jailed after fatal crash in Luton Road, Chatham
Cousins "equally culpable" for a drunken, horror smash which killed a pedestrian have been jailed for a combined total of more than 22 years. Tyron Francois was at the wheel of a Ford Transit van belonging to passenger David Francois when it careered into Jason Bale as he stood on a pavement in Luton Road, Chatham, on November 27, 2021.
Maidstone Crown Court heard that the Francois men were both intoxicated when the fatal crash occurred in the early hours, having been at a relative's 50th birthday party at Lordswood Leisure Centre three miles away. David Francois had initially been behind the wheel in spite of his drunken state but was unable to keep the van on the road and so allowed Tyron Francois, who had also taken cocaine, who did not hold a licence or have insurance, to take over following his repeated requests.
Dashcam footage fitted to the vehicle captured every second of their dangerous driving, as well as the moment they swapped seats and what a judge has described as their "laughing, joking and revelry" shortly before careering into their victim. Played in court, it first showed David Francois travelling on the wrong side of the road, swerving, ignoring 'Keep left' bollards and almost hitting a fence before mounting a grass verge at a roundabout linking North Dane Way with Capstone Road and coming to a halt. It was there, 14 minutes after leaving the party and having initially refused his cousin's pleas to drive the van, telling him "No, I don't want to wreck it", that he let Tyron take over, fully aware he could not drive.
As they continued their journey, he could be heard coaching his younger cousin on how to release the handbrake and put the van into gear "quick like a racing driver". Tyron then over-revved the engine as he proceeded to swerve onto the wrong side of the carriageway, narrowly missing a vehicle travelling in the opposite direction, twice clipping a kerb and jumping a red light.
At one stage, David commented: "This is the best way to learn, cuz" before laughing and adding: "I said to your mum I'd look after you and we might all end up in the nick." There were also remarks about a dog - one of six animals in the vehicle - not being on a leash before the shocking moment the van could be seen bearing down on Mr Bale as he was leaning against a wall.
The impact threw the 46-year-old into a front garden and down steps, where he was found unconscious by the emergency services who had attended the scene in response to a gas main being ruptured in the collision.
Picture: Facebook
Sadly, despite life-saving attempts including CPR, Mr Bale died from his injuries. In the meantime, the dashcam had recorded the van occupants swearing "F***" followed by "Oh Ty" and Tyron Francois responding "Sorry boys" before fleeing the scene ahead of police arriving. Following his arrest several hours later, he tested positive for cocaine.
It was also discovered he had never taken a driving test. The 29-year-old of Haig Avenue, Chatham, later pleaded guilty to causing death by dangerous driving. He had been at the wheel for two minutes and four seconds when he ploughed into Mr Bale.
David Francois, from Spalding in Lincolnshire, admitted a charge of dangerous driving in respect of his handling of the van on the earlier part of their journey.
Picture: CPS
However, in what was described as an "unusual" case, he went on trial accused of aiding and abetting the death of Mr Bale by dangerous driving in that he encouraged his intoxicated cousin to drive and did nothing to stop him as he struggled to keep the van safely on the road before losing control.
Despite denying the offence, the 49-year-old, of Barrington Gate, Holbeach, told the court that he had agreed to drive his cousin "out of drunken stupidity", claiming he was taking him to his mum's - a remark the judge concluded was a lie and that the plan was to continue their night out. The court heard that although he remained at the crash scene, he also lied to police by saying he had been driving when Mr Bale was hit and had had only one alcoholic drink. He also assaulted four officers that night - two at the scene and two after being taken to hospital, and was found to be more than one-and-a-half times the legal drink-drive limit, with a blood alcohol reading of 128mg.
As well as having 12 previous convictions for 25 offences, including drink-driving and driving while disqualified, David Francois was subject to a community order for an offence of affray at the time.
Francois told the jury that having driven from Lincolnshire for the party, he had originally planned to sleep overnight in his Transit after drinking three to five bottles of beer and five rum and Cokes, and had invited his cousin and another man with them that evening - James Williamson - to do the same.
But he said Tyron "kept going on" about having work in the morning. It was said he also downplayed to the jury his cousin's state of intoxication. The court was told that their passenger Mr Williamson also fled the scene, leaving his phone behind in the van.
He was never charged with any offences. The jury found David Francois unanimously guilty after fewer than two hours' deliberation, having agreed with the prosecution's case that he "shared responsibility" with his relative for Mr Bale's death. At the pair's sentencing hearing today (December 18), prosecutor Laurence Imrie said: "David Francois deliberately chose not to intervene.
Rather than try to stop what was happening, he offered encouragement."
Picture: Facebook
In addition, while he described both men as being "highly impaired" over the course of their driving, he added that speed did not appear to be an aggravating factor.
Tragically, it was revealed that Mr Bale's mum, Linda Martin, had received a voicemail from him at 12.28am in which he simply said "Mum. Mum." Although it was said in court it was not known with certainty whether this coincided with the time of the collision, in her victim impact statement read to the court, she described how she was "haunted" by the fact she missed her son's last call.
She also spoke of how his death had left her heartbroken and "ripped apart" her family, and condemned the two men responsible. Nathan Fitzpatrick, defending Tyron Francois, who has four previous convictions for five offences but none related to dangerous or poor driving, told the court he had shown genuine remorse by his guilty plea, indicated at the earliest opportunity.
"This is truly a tragic case and has resulted in unimaginable consequences for the victim and victim's family," he said.
"It can be said that Tyron Francois can never fully comprehend the effect of his terrible decision made on that night. But those terrible choices have led him before Your Honour today, and I am sure they will remain with him for the rest of his life."
John Lyons, defending David Francois, said he had always accepted he was "morally responsible" for Mr Bale's death but had contested the case on the issue of being "legally responsible" as a secondary party. Describing him as a family man "with good positive aspects to his character", including having donated a kidney to his brother in 2012, Mr Lyons added: "He feels acutely aware of the consequences that that night have had on Mr Bale and his family. "He decided to drive with scant regard for the consequences and then let his cousin drive, and in his drunken state exercised no responsibility over the manner of his driving."
At the hearing, David Francois also faced sentencing for his four offences of assault on an emergency worker, as well as unrelated ones of intentional strangulation, battery, criminal damage, careless driving, failing to provide a specimen for analysis and possession of a bladed article, all committed in Lincolnshire in April this year.
Any notion of him accepting moral responsibility for events in November 2021, however, was dismissed by Judge Oliver Saxby KC, who told both defendants he drew no distinction between them in terms of culpability for Mr Bale's death. Jailing Tyron Francois for eight years and David Francois for 14-and-a-half years - 13 years for the crash incident and a further 18 months' consecutive for all other matters - he told them they were both "very intoxicated and totally unfit to drive".
"You were the driver, Tyron Francois....You, David Francois, knew that Tyron Francois was driving dangerously," he said. "You could have stopped him driving dangerously, you knew you had the opportunity to do so, you deliberately decided not to do so, by doing so you intended to encourage Tyron Francois to drive dangerously and in fact you did encourage him to drive dangerously.
"It was on this basis that the jury convicted you of aiding and abetting the offence of causing death by dangerous driving.
And it is on this basis that I draw no distinction between you in terms of culpability. "You are each as much to blame as the other: Tyron Francois, for driving in that state. David Francois, for stopping, swapping and thereby allowing someone who could not drive to drive in that state and not stopping him when you could, knowing the risk he was running."
Furthermore, he said the "shameful" dashcam footage provided clear evidence of their "selfish" conduct that night and which led to the "needless tragedy" of Mr Bale's death at a time when he was said to be turning his life around. "It makes striking listening. Two men who were doing what they wanted, when they wanted, in spite of the danger caused, with no care for anyone else - and very much enjoying doing so, laughing and joking about the standard of Tyron Francois' driving," continued the judge.
"Selfish, without any care for other road users and revelling in it. What a shameful picture that footage paints. And all at the price of someone else's life."
The incident occurred before a change in the law which increased the maximum sentence for death by dangerous driving from 14 years to life. Tyron Francois was told he will have to serve two-thirds of his eight-year sentence before being released, while David Francois was told he will have to serve two-thirds of the 13-year jail term and then half of the 18-month sentence before release. He was also given a 17-year driving disqualification, with a requirement to take an extended test to regain his licence.
Although Tyron was also made subject to the extended test requirement, no ban was imposed.
As well as not holding a licence, he has been subject to a driving ban as part of his bail conditions and faces serving a little over five years before being freed.