AN UNCLE has walked free from court after his driving caused the death of the nephew he thought of “like a brother” and seriously injured another man.

Justin Maxwell Johnson, 35, was chatting to his nephew and front seat passenger Jordan Johnson, 23, when he lost control of his Peugeot coupe cabriolet at about 60mph at 10.15am on April 3, 2017, Michael Greenhalgh, prosecuting, told York Crown Court.

It went over the nearside verge of Towthorpe Lane near Strensall, spun as it crossed the road, hit a parked Mitsubishi Outlander van on the other side before stopping in a field nine metres from the road.

The van overturned and ended up more than 10 metres from where Yorkshire Water's James Egan had parked it.

Justin Johnson had just driven past two 'slow' signs and a 'hazard' warning about the entrance to Queen Elizabeth Barracks, Strensall and later told police he knew it was a “really bad road”.

Jordan Johnson died from head injuries suffered in the crash and Mr Egan, who had been out of his van checking a meter, needed a five-hour operation and six months off work for injuries that included a broken arm, broken ribs and a broken clavicle. Both were airlifted to hospital by Yorkshire Air Ambulance.

York Crown Court heard the crash had divided the Johnson family, which sat in two separate groups in court.

After Justin Johnson walked free from court, his sister Vickie - also Jordan's mother - said: “ The devastation caused by my son’s death has caused immense pain and suffering to both myself and the rest of my family, including my two elder daughters.

“The loss suffered by all the Johnson family is irreplaceable but I am pleased that my brother named his first born son after my son his nephew.

“I feel that now is the time to let all other issues be put aside and let my son rest in peace whilst we as a family together come to terms with our loss. I thank everyone for their condolences and good wishes during my time of grievance and my family for their support.”

She had urged Judge Andrew Stubbs QC not to jail her brother.

Justin Johnson, a chef of Baildon Close, Acomb, and previously of Strensall, pleaded guilty to causing his nephew’s death by careless driving.

His barrister Alistair Campbell QC said he was full of remorse.

“Effectively, although they were uncle and nephew, Jordan and the defendant were like brothers,” he said.

The judge said it was a very close thing but after studying national guidelines on whether to suspend the inevitable prison sentence, let the uncle walk free.

He passed an eight-month prison sentence, suspended for two years on condition he does 180 hours’ unpaid work and 15 days’ rehabilitative activities. He also banned him from driving for two years and ordered him to take an extended driving test before driving alone again.

Mr Greenhalgh said Justin Johnson had a previous conviction for drink driving, but had not been driving under the influence of alcohol or drugs at the time of the fatal crash. Prosecution and defence agreed he had been travelling just under the speed limit for the road.

Mr Campbell said the uncle, who worked in an old people’s home, had in “the briefest period of time made an error of judgement when driving which had these catastrophic consequences".

Justin Johnson had believed a vehicle was coming towards him and had swerved to avoid it. The defence accepted evidence from prosecution witnesses driving both behind him and coming towards him that there was no other vehicle.