A drink and drug-fuelled driver who killed a friend in a crash as he tried to flee from police in Dundee has been jailed for six years.
Officers who had been following Dean Small after a report of a theft found him at the wheel of a wrecked Ford Fiesta in Camperdown Park.
His passenger Andrew King, was unconscious and unresponsive.
Small, 32, was also initially unconscious but came round and shouted: “Oh my god, I’ve killed him, I’ve killed him.”
‘Reckless beyond belief’
A judge at Edinburgh High Court told Small: “You pleaded guilty to one charge of causing the death of Andrew King through dangerous driving.
“I regard your offending as being a serious example of that offence.”
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: “You made a positive decision at that point to try to escape.”
Lord Sandison said Small had accepted his actions were “reckless beyond belief” when speaking to a social worker who prepared a report on him.
The judge told Small as he sentenced him via a video link to prison: “This is a tragic case for all concerned.”
He told him he would have faced a nine-year jail term but for his guilty plea.
Small was banned from driving for eight years and told he would have to resit a test before obtaining a new licence.
Cannabis in bloodstream
Mr King, 26, the father of a six-year-old boy, suffered fatal injuries in the collision with a tree in Camperdown Park on January 5 last year.
Paramedics pronounced him dead at the scene.
Following the crash Small, of Landsdowne Square, Dundee, was taken to the city’s Ninewells Hospital for treatment.
Advocate depute Steven Borthwick said: “Toxicology analysis of Dean Small’s blood revealed that at the time of the collision his driving ability was impaired through alcohol and cannabis.”
The court heard police earlier received a report of two men stealing cable from an electricity substation at Baird Avenue in Dundee.
Officers who attended saw a Ford Fiesta with a trailer travelling away from the scene and tried to catch up with the vehicle after activating a siren and blue light.
Small failed to stop
The Fiesta crossed a roundabout on the wrong side, narrowly missing another vehicle, as pursuing police reached a speed of about 60mph in a 30mph limit area.
Mr Borthwick said: “Given the dangerous nature of the driving, the officers decided for safety reasons to stop the pursuit.”
They continued to follow in the same direction as the Fiesta and saw it turn into Camperdown Park and followed.
Small deactivated his headlights and drove only with sidelights in the darkened park at speeds in excess of the prevailing 10mph limit, before losing control of the car at a bend and hitting the tree.
Police found the car, crashed into a large tree.
They could not detect a pulse in Mr King, of Fullerton Street, Dundee.
Small admitted causing his death by driving dangerously with excess alcohol in his blood and cannabis.
Stolen gear in car
Mr Borthwick said police collision investigators found a number of car batteries and lengths of cable scattered at the crash scene, which had apparently come from the trailer.
Similar items were still in the trailer.
The prosecutor said the Fiesta was extensively damaged.
“The engine, gearbox and other ancillaries in the engine bay had been dislodged from their mountings and forced backwards from the point of impact.
“The dashboard, steering wheel and steering column had all been pushed backwards into the passenger cabin and the driver’s footwell was deformed.
“The speedometer had locked at 50 mph and the rev counter locked out at an indicated 3000 rpm.”
‘Freaked out’ by police
Defence counsel Susan Duff said Small accepted he drove off at speed having “freaked out” on seeing the police.
“His responsibility for causing the death of his friend has had a significant impact on his already fragile mental health.”
Mrs Duff said Small’s remorse was “intense and genuine”.
He added: “He finds the pain he has caused to Mr King’s family unbearable.”
The crash was referred to the Police Investigations and Review Commissioner to examine the police involvement.
