A speeding motorist who killed a mum and her eight-month-old son in front of child's devastated father has been sentenced to prison.
Tyson Haynes struck Nicole Newman as she was walking with baby Luciano Bianco-Newman in his pram in Anerley, south East London back in January 2019.
Nicole’s partner Charlie Bianco-Ashley had crossed the road ahead of them and could only watch on in horror as the Ford Fiesta crashed into his family - sending his his son's buggy flying into the air.
A court heard that the offender's eight-year-old was also in the vehicle at the time, as he was driving her home from McDonalds, My London reports.
Nicole died at the scene in Anerley and little Luciano died in hospital a week later.
Haynes, of Brockley, accepted two counts of causing death by careless driving at an earlier hearing.
In a statement read at his sentencing hearing, Charlie Bianco-Ashley said: “My son was on constant life support, he wasn't going to live on his own independent of life support.
“I sat with him, I held his hand and they switched the machines off and he died in my arms. My life as I know it is different.
“I know I can't replace them, I just wish I could see them one more day. Me and Nicole were a team, we just got a flat together, we had our first child and things were starting to settle down. This is now gone from my life forever.”
Jailing Haynes for 33 months, Judge Richard Marks QC, the Common Serjeant of London, said: “The word ‘tragic’ is much overused but if ever a case could properly be so described, this is such a case.
“I’m aware no sentence that I can impose in this case can bring Nicole and the little boy back, and nor will any sentence seem remotely adequate to the family.
“The family are unsurprisingly utterly devastated.
“The undisputed evidence is that had you been driving within the speed limit, this collision would have been avoided.”
Isleworth Crown Court heard Haynes was “persistently speeding” in the area for around ten minutes before the crash and had been travelling at 67mph on the 30mph road just seconds before the crash.
Haynes started braking when he was at least 29 metres away, but is still estimated to have hit the pair at around 44mph, the court heard.
The father-of-three, who worked at Lewisham College as an admin assistant, was originally charged with causing the deaths by dangerous driving.
Judge Marks said prosecutors only agreed to accept the less serious charges and not pursue counts of death by dangerous driving at trial because of his health.
It was said Haynes, who was diagnosed with multiple sclerosis in 2010, is wheelchair-bound and spends most of the day in bed.
Leila Gaskin, defending, said Haynes’ secondary progressive MS has been deteriorating rapidly since the collision, and doctors have given him a maximum of four years to live.
She said: “He is restricted to bed for most of the day. Whilst MS is a condition that is characterised by deterioration, emotional pressure and stress serves to exacerbate a rapid rate of decline.
“It’s difficult to imagine a punishment crueller than that suffered by Mr Haynes and which he will suffer for the rest of his short life.”
Prosecutor Richard Milne said: “In essence her partner Charlie Bianco-Ashley said they were crossing the road, he crossed first and his partner Nicole was just behind him with the pushchair.
“He saw the vehicle coming and misjudged the speed. He was able to cross the road, Nicole and their child did not.
“He said he was able to jump out of the way, he looked back and saw his partner and child being projected into the air.”
The court heard Haynes told police the “automatic braking system” of his car had not kicked in, but it was discovered the car did not have this feature.
In a victim impact statement, Nicole’s dad said: “I can’t believe my daughter is gone. It seems so unfair. I can’t find it within myself to forgive the car driver at the moment.
“I’m an emotional wreck and I can’t find productive ways to cope with my loss.
“My emotional state has taken a turn for the worse. Seeing sirens takes me straight back to that night.”
Nicole’s mum Arlene Newman said: “Since their deaths I have struggled living my life day-to-day. I feel empty and angry and I have been unable to work. I feel myself occasionally enjoying myself out with friends and family.
“I find myself thinking that I’ll tell Nicole about that later but then realise she’s not there anymore.
“I feel as though my life is empty. I have two other children but miss Nicole’s companionship.
“I feel angry because their deaths were entirely preventable. I do want the driver to understand how his actions have affected me and my family. I find myself feeling guilty about their deaths as I delayed cooking their dinner that evening.
“I find myself drawing into a shell. I feel as though I’m in a bubble when out and about - my life has crashed to a halt but other people’s lives are going on around me. It’s my way of dealing with things.”
Sentencing Haynes, Judge Marks said: “The major mitigating factor in your case is your serious medical condition.
“Your case represents a hugely difficult sentencing exercise.
“I accept that you are deeply remorseful. I also accept that your physical condition does amount to strong personal mitigation, and that your management in prison which would almost certainly have to be on the hospital wing would be no easy task for the prison service.
“As against that, you killed two people, a 23-year-old woman and her and her partner’s eight-month-old son.
“You did so by reason of an appalling piece of driving at a grossly excessive speed when your own eight-year-old daughter was a passenger in your car.
“Against that background I have come to the conclusion, albeit with reluctance and hesitation, that the appropriate punishment as well as deterrence can only be achieved by an immediate sentence of imprisonment.”
