Disqualified driver who crushed five year old under trailer jailed, showing "disregard to the rules"

A death driver who crushed a five-year-old under the wheels of a trailer has been put behind bars and told by the boy's grieving mum "you don't deserve to know about him".

Groundworker Darren Jacques had parked his flatbed truck, which was pulling a trailer carrying a digger, outside a grocery shop in Fenham, Newcastle, where he went in and bought a bottle of Stella Artois on August 24 2020.

Newcastle Crown Court heard schoolboy Layton Darwood had been at the same store, with some other children, to buy treats for a picnic during the school summer holidays and he climbed onto the vehicle as they left.

As Jacques started to pull away, without properly checking it was safe to do so, Layton fell beneath the trailer and suffered unsurvivable torso injuries.

Layton died later that day.

Dad-of-five Jacques, 41, of Hutton Hill, Penrith, Cumbria, who initially gave a false name at the scene, denied causing death by driving while disqualified but was found guilty by a jury after a trial in September.

The court heard he has 54 convictions on his record, which include drink driving, diving while disqualified, aggravated vehicle taking and failing to stop after an accident.

He was not only banned from the roads at the time but was also not qualified to drive the works vehicle he was using that day.

At his sentence hearing on Monday, December 4, Layton's grieving mum Stephany, who got to the scene while medics were still trying in vain to save his young life, read a heartbreaking impact statement.

She said Layton was her "bright, funny and full of life son" and told the court: "The impact this has had and will continue to have can never be measured or explained."

The devastated mum said getting sweets and cake had been Layton's "favourite thing to do" and he was excited that day.

She added that the what she saw was "horrific", while surgery was performed on Layton at the roadside.

Addressing Jacques, she said: "While this was happening you were lying, trying your best to cover your tracks, giving false information, false names.

"Not once did you ask how my son was or if he was alive.

"You showed no remorse that day or in the three years this has been dragged out for, not letting this family grieve.

"I could stand here all day and talk about Layton, talk about how wonderful my little boy was but you don't deserve to know about him.

"Nothing can take away the soreness and hurt in my heart, the emptiness without Layton.

"No justice will be served in my eyes today. I am left with a lifetime without him. I'm the one who has to try and rebuild the family you broke. You deserve no more of my time.

"I hope the correct sentence is handed to you today by the court but there will never be enough justice for Layton."

Layton's dad Stephen said in a statement: "I not only lost my son on this day but my best friend. My life changed forever that day

"I will never get the chance to watch my son grow up and have a family of his own.

"Darren Jacques not only killed my son on that day but in truth has nearly killed me.

"Since that day Layton was taken away I have suffered mentally, physically and financially, i've nearly lost everything. I have lost my job, I couldn't get out of bed."

The devastated dad said he turned to drink to "erase" his feelings and is getting help because of this.

Judge Robert Adams said jurors must have been sure Jacques driving or control of his vehicle was at fault that day, on top of the fact he was disqualified.

Judge Adams said Jacques driving record shows he has a "disregard to the rules of the road".

He sentenced Jacques to six years behind bars and a three year driving ban after release, with extended test requirement.

Read South Tyneside's news on the go with our free email newsletters - bringing the headlines to your inbox. Catch up on the day's news and sport and enjoy even more from your Gazette. Visit our website here to find out more and sign up.

Judge Adams told him: "The victim in this case was a child. he was a pedestrian and a child, in my view a particularly vulnerable road user."

He added: "You chose to drive, knowing you were disqualified and aware there were children in the vicinity."

The court heard the shop on Willow Avenue is in an "obviously" residential area, with a 20mph speed limit, houses and fields and it was the summer school holidays, so there was children playing in the area.

Prosecutors said Layton's group "cannot have been missed" by Jacques as they were outside the shop and he "jogged around them" when he left and got back into his truck.

Jacques did not give evidence during the trial.

One of Layton's group said when they got outside the little boy ran to the truck and started climbing on the trailer and his feet or laces appeared to become stuck, he then fell and was dragged under the wheels, despite attempts to grab him to safety.

The court heard Jacques later said the boy may have been in a "blind spot" when he pulled away, without realising a child had climbed onto the vehicle.

Prosecutors said it was his responsibility to ensure the vehicle was clear before he pulled away.

The court heard Jacques had a troubled childhood but a good work ethic and employment history. He called the emergency services at the scene and has expressed some remorse.

Christopher Knox, defending, said: "He was disqualified and should not have driven and he knew he should not have driven."