A death crash driver “went off the rails” after killing his friend during a drink and drug-fuelled police chase, a court has heard.
Dean Small was jailed last year for causing the death of Dundee dad Andrew King in what a judge described as a “tragic case” of dangerous driving.
Police officers discovered Small at the wheel of a wrecked Ford Fiesta in Camperdown Park on January 5, 2020.
Mr King, his front seat passenger, suffered fatal injuries in the collision and was declared dead by paramedics at the scene.
On Tuesday, Small, 33, returned to court and admitted further criminal charges, involving weapons and threatening behaviour, which were said to have been a direct result of being “riddled by remorse” following the fatal crash.
‘Adequately punished’
Perth Sheriff Court heard that on April 8, 2021 – more than a year after the tragedy – he was caught by police outside his home in Dundee’s Lansdowne Square carrying a baseball bat and two knives.
On May 2, he behaved in a “threatening or abusive” way and brandished a set of keys with a blade attached, at neighbour Gareth Anderson, while shouting and swearing.
Sheriff William Wood sentenced Small to 47 weeks in jail.
But the sentence will run alongside the six-year prison term he was handed at the High Court in Edinburgh in June.
Sheriff Wood explained to Small: “It does seem as though you are being more than adequately punished, not just in terms of the sentence you received at the High Court, but also in relation to your remorse and the difficult time you had after this catastrophic event.”
He added: “Nonetheless, you were a person who was in a public place and carrying weapons and that does merit a custodial sentence.
“But I don’t see any need, given the circumstances, for that to extend your current sentence.”
‘Building friction’ between neighbours
Solicitor Theo Finlay said that at the time of the offences, his client was “was riddled with remorse and his mental health had become extremely frail.”
He said: “This was made worse through the regular consumption of excessive alcohol.
“As a result of that, he accepts himself, he just went off the rails and he accepts that he would have been a nuisance as a tenant and a neighbour to the complainers.”
Mr Finlay said there was “building friction” between Small and residents in his Dundee neighbourhood.
“A lot of complaints were made,” he said.
“Given his frail state of mind, he considered himself to be under attack.
“He was extremely remorseful about causing the death of his partner’s family member.
“The continued criticism of him by neighbours, with complaints being made, led to some hostility.”
‘Ranting and drunk’
The court heard Small had little recollection of the incident in April, last year, but it was accepted he went out into the street – “ranting and drunk” – and struck a bin with a baseball bat.
Police called to the scene apprehended Small and found two knives inside his jacket.
“At the time, he was a keen fisherman and he actually forgot those knives were there,” said Mr Finlay.
The solicitor urged the sheriff: “Given his particular circumstances and his frame of mind which prevailed at the time – and the fact he had no prior serious offending history and also that he had this monumentally negative life event that occurred in January 2020 – impose a sentence that would not affect his liberation date.”
‘A tragic case for all concerned’
Edinburgh High Court heard police discovered Small in the crashed car after responding to reports of a theft.
Initially unconscious at the wheel, he eventually came round and shouted: “Oh my God, I’ve killed him. I’ve killed him.”
Lord Sandison said Small was involved in stealing from commercial premises before police required him to stop by activating blue lights and a siren.
The judge said Small had accepted his actions were “reckless beyond belief” when speaking to a social worker who prepared a report on him.
He said: “This is a tragic case for all concerned.”
