Man jailed after driving too close to motorcyclist (19) who was killed

By Eimear Dodd and Sonya McLean

A man who drove his car too close to a motorcyclist who was then killed following a collision with a third vehicle has been jailed for three years.

Andres Grans De Lima Sores (38) of Willow Park Crescent, Glasnevin, Dublin 11, pleaded guilty to careless driving causing the death of Calvin Gilchrist (19) on July 31st, 2021.

He also pleaded guilty to a count of failing to remain at the scene of an accident on Finglas Road, Dublin. Sores has no previous convictions.

Dublin Circuit Criminal Court heard that Mr Gilchrist was riding a stolen motorbike and neither he nor his passenger were wearing helmets. Moments earlier, they had undertook Sores, which led to Sores tailgating the motorbike for just under 500 metres.

The court heard that at one point, Sores was one second behind the motorbike and both vehicles crossed to the wrong side of the road.

An oncoming taxi unsuccessfully tried to take evasive action and was involved in a collision with Mr Gilchrist's motorbike, which hit the wall of Glasnevin cemetery.

Mr Gilchrist sustained serious cranial injuries and was pronounced dead in hospital several hours later.

Sores did not remain at the scene nor contact gardaí, who several months later identified his red Toyota and tracked it to his address.

The court was told that the prosecution's case is Sores's careless driving on the night included the speed he was travelling at, the insufficient distance between him and the motorbike and that he was driving on the wrong side of the road.

In a victim impact statement read to the court by her partner, Mr Gilchrist's mother Leanne said her son was “robbed of life, his future and everything he could have become”.

She said “Calvin was my child, my world, my heart” and “his loss has shattered us as a family”.

After hearing the facts of the case on December 11th last, Judge Pauline Codd said this was a “very serious case because of the continuum of driving and the decision not to let something go and follow it up the road”.

She said that Sores “decided to tailgate” Mr Gilchrist and “not let the incident go”. She said there is “no such thing as a perfect victim and a complete villain” and the court must evaluate all aspects of the case.

Noting that Sores has no previous conditions, she adjourned finalisation to Monday for the preparation of a probation report.

Passing down sentence, Judge Codd said that from the outset, she wanted to express the court’s sincere condolences to Mr Gilchrist’s mother, father, sister, step-father, and all those who loved him.

She said he was “a much loved son, brother and friend” before she acknowledged how difficult the court process can be for a victim’s family.

Judge Codd said Sores indirectly caused the death of Mr Gilchrist before she noted that the actions of the victim also contributed to his death – noting that he was riding a stolen motorbike with no helmet.

“The actions of both the accused and the deceased were highly dangerous – they were driving in a highly reckless and culpable manner. A car driving so close to a bike, a car will always win that battle on the road, where people are jostling for space,” Judge Codd said.

She noted that Sores was older and had the extra protection of being the driver of a car. She said it would have been obvious to him that the people on the bike were more vulnerable and added that he must have noticed that they were not wearing helmets.

Referring to the fact that he left the scene, Judge Codd said Sores also “hid under the garda radar” as he did not come forward despite public pleas for assistance in the investigation. She commended the work of the gardaí in ultimately tracking Sores down.

Judge Codd said the impact would have been “apparent” to Sores as he was driving directly behind Mr Gilchrist. She accepted that he is now taking full responsibility for his actions, has pleaded guilty and has expressed what she referred to as “genuine remorse”.

Judge Codd took into account the impact on Mr Gilchrist’s family and how they are devastated by his loss at such a young age.

“They feel his loss keenly – the manner in which he lost his life,” Judge Codd said while referring to the family’s concern that Mr Gilchrist was left on the side of the road.

She said she hoped the evidence that the taxi-driver and his passenger stopped to give assistance to the victim would give some comfort to the teenager’s family. Judge Codd also commended these people for the help they offered Mr Gilchrist.

Judge Codd noted from the victim impact statement that Mr Gilchrist’s mother has said that “her heart will never heal”, which she said was “wholly understandable”.

The judge said the case law calls for the nature of the offending behaviour and personal circumstances to be the core issues for the sentencing court, while acknowledging that for the victim’s family the “deprivation of their loved one is permanent”.

“This is not a measure of the value of the deceased’s life but a measure of the accused’s culpability,” Judge Codd said.

She accepted a letter from Sores which indicated that he felt this was “a catastrophic and life-altering moment” for himself, that he thinks of Mr Gilchrist’s loss everyday and the part his actions play in the family’s “unimaginable grief”.

Judge Codd said Sores driving on the day was “not a momentary lapse but rather continued conduct”.

“If he had maintained and controlled his temper the accident would not have happened,” Judge Codd said before she added that Sores contributed directly and indirectly to Mr Gilchrist losing control of his motorbike and as the person in the car “he has to bear some greater level of responsibility”.

She noted in mitigation that Sores has no previous convictions and evidence that his behaviour that night was “an exception” to the way he had conducted his life both in Ireland and in his native Brazil. She accepted testimonials that described him as “respectful and hardworking – a person of good character” and was “never known as someone who is reckless or irresponsible”.

Judge Codd said a custodial sentence was warranted in the case as “a general deterrence” before she imposed a sentence of four years with the final year suspended for the offence of leaving the scene of an accident.

A concurrent term of 18 months was imposed for the offence of careless driving and Sores was banned from driving for seven years.