Speeding driver was 'juggling' with TWO phones before he killed pensioner

Ryan Freeth sent a text message and tried to make two calls on one mobile while streaming music on the other, Wolverhampton Crown Court was told.

Then the 27-year-deleted the tell-tale usage from both and denied causing the death of Mr Leslie Marks for eight months while police recovered the data, it was said.

"For a period of minutes up to the point of impact , whilst driving at unsuitable speed, he was also juggling his attention between two different phones," said Mr Malcolm Morse, prosecuting.

Unmarried Mr Marks was walking home from Sunday lunch with his brother and sister-in-law when hit by the Vauxhall Corsa driven by Freeth as he crossed the road at the junction of the High Street and Brettell Lane, in Amblecote, around 6.50pm on November 29 2015.

He was flung five feet into the air and hurled over the bonnet into the road where he was then run over by a BMW 4x4, continued Mr Morse.

But the catastrophic head injury caused by the collision with the Corsa was unsurvivable although his inevitable death may have been accelerated by further injuries inflicted by the other car, ruled a pathologist.

Freeth was on his way to play football and continued for a short distance before calling his parents who took him to police officers at the scene of the accident. A breath test proved negative.

Experts could not agree on the precise speed of the Corsa when tragedy struck but agreed the car was travelling 'significantly' above the 30mph limit with the driver 'avoidably distracted.'

Mrs Gosia Marks, the sister-in-law of the victim, said in a statement: "He was a lovely person, kind, gentle and generous."

She revealed the death had badly affected her husband George but added: "While we do not want to feel sorry for the defendant neither do we feel anger against him because that would be counter productive."

Mr Talbir Singh, defending, confirmed that Freeth had sent a text message and attempted two calls on one phone before the accident while the other was deployed as a 'music device' but insisted neither was in use at the point of impact.

Freeth from Marshall Crescent, Wordsley pleaded guilty to causing death by dangerous driving and was jailed for four years five months with a five year driving ban after he has been released.

Judge Simon Ward told him: "Analysis of the your phones showed you had been using instant messaging and making several calls about the time your car struck Mr Marks.

"You knew the phone data was incriminating and this must have been a factor in your decision to delete the calls and text messages which you now accept doing."

Speaking after the hearing, Sergeant Alan Wood, from the regional Collision Investigation Unit, said: "We believe that Freeth left the scene of the collision to try to cover his tracks.

"When we investigated the collision we revealed that Freeth had been driving at excessive speed and that he had been talking to a friend on his mobile phone at the time.

"The driving ban will not come into effect until he is released from prison and then he will have to wait a further five years before he can take a driving test, meaning he will not be able to drive for many years to come.

"Today he was served with justice and we hope that the sentencing will offer some comfort to Mr Marks’ family and also act as a deterrent to other people using mobile phones whilst driving."