Drug driver who broke four-year-old boy's skull walks free

A drug driver was three times over the limit when he ran a red light and mowed down a four-year-old boy as he crossed the street on his scooter. Nathan Humphreys, 24, had benzoylecgonine - a breakdown of cocaine - in his system when he overtook three stationary vehicles on Elliot Street, Liverpool city centre, and hit the the boy on the pelican crossing outside Lime Street station.

Humphreys initially told police the boy had "run out in front of him". But dashcam footage taken from his black Citroen Dispatch work van showed the traffic lights were red when he swerved back into the right-hand lane, having overtaken three waiting cars by veering into the bus lane.

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The boy suffered a fractured skull and was taken to Alder Hey Children's Hospital, where he spent 24 hours under neurological observation, and was discharged four days later. He also suffered a fractured eye socket which caused his eye "to swell until he could no longer open it".

Humphreys, of Sandringham Close, Morley, appeared at Liverpool Crown Court today, September 10, after pleading guilty to careless driving causing serious injury, drug driving, and possession of a class B drug (cannabis) at an earlier hearing.

Prosecutor Chris Taylor said: "The defendant drove along Great Charlotte Street, turned right onto Elliot Street near the junction of Lime Street. That junction is controlled by traffic signals which were on red, and three cars were stationary in the right lane. Lights also served the pedestrian crossing, and these lights were on green."

The boy was half-way across the road on his scooter, slightly ahead of his mum, when he was knocked down. His mum said: "I saw a black van. This was coming from the left towards us.

"I've screamed [my son's] name, but before I had the chance to finish saying his name I saw him get hit by this van and fly into the air. I heard the impact. It was some force. I heard the van screech to a halt."

Mr Taylor said following the incident: "[The boy] was still very traumatised and unsettled, he became clingy, he had nightmares and flashbacks and refused to sleep alone for six weeks. After this, he was very scared to go out." He added the boy was on a waiting list for counselling.

Humphreys stopped at the scene and was taken to a police station, where drug tests found 182mg per litre of benzoylecgonine in his system. The prescribed limit is 50mg. He was also found to have a small amount of cannabis on him, and a cannabis grinder.

Louise Santamera, defending, said: "The defendant was genuinely remorseful. He's 24 years and he's absolutely mortified about the incident, and it still affects him even over a year later. His partner has been very supportive.

"She is due to give birth to their first child in February. I ask Your Honour to bear in mind the impact an immediate custodial sentence would have on her.

"There has been some delay in this case. The incident took place last August. I ask Your Honour to bear in mind the weight this has had on the defendant's mind. He suffers from Crohn's Disease and suffered flare-ups as a result of the stress.

"There are people that speak well of him. They describe him as an excellent work colleague, someone who is reliable and trustworthy.

"He says he was overworked at the time. He had been given an extra workload which required him to travel throughout the UK. At the time he was suffering symptoms of Crohn's Disease, which is uncomfortable for him.

"He knows that he was under the influence of drugs and he shouldn't have been. You can't get around the fact that he was more than three times over the prescribed limit, and he's extremely disappointed in himself for being so thoughtless, for getting behind the wheel of a car when the drugs he had taken had not been excreted from his body. He didn't realise just how long-lasting the effect of cocaine is."

Sentencing Humphreys, judge Katherine Pierpoint said: "You were, that day, in Liverpool city centre driving a work van. You didn't, I accept, know the city centre particularly well, but you have, at some time prior to getting into that vehicle, taken cocaine. I accept it was a breakdown of cocaine found in your system, but it was at a level three times the prescribed limit.

"You drove past a line of traffic that was in the correct lane and turned right as you approached lights, which were clearly red. You saw you were in the wrong lane and you sought to cut in front of the stationary cars waiting at the lights. In doing this, you went straight through the red light and you hit the boy head on. You can see the shock and panic on the face on his mother."

She added: "It's a matter of simple luck in this case that the boy was not more seriously injured, or worse. He did, though, suffer a serious injury. He also suffered bruising and swelling to his face.

"His mother described the sight of his face as being 'squashed'. Imagine how she must have been feeling, seeing her little boy in that state."

The judge accepted Humphreys' mitigation and a report which stated he posed a low risk of re-offending, but added: "It was your fault in the first place for what you did that day."

She sentenced him to four months in prison, suspended for 12 months, and ordered him to carry out 150 hours of unpaid work. He was also disqualified from driving for 30 months, after which he must pass an extended re-test.