A 70-year-old driver twice knocked a stranger off his bike and repeatedly tried to “mow” him down in an unprovoked “road rage” incident, York Crown Court heard.
Daniel Gallagher couldn’t tolerate being behind a holidaying couple on electric bikes in a seaside country park, York Crown Court heard.
Jennifer Gatland, prosecuting, said Gallagher drove his Volkswagen Golf into the back wheel of the husband, making him fall, shouted “I’m going to …… batter you” and as the husband tried to ride away, deliberately drove into him, knocking him onto his bonnet and windscreen and onto the ground.
The cyclist was able to get back to his feet and tried to continue his ride, but Gallagher did a U-turn and drove at him again, clipping him again.
The husband and wife had moved onto the grass to try and get away from Gallagher, who was a stranger to them.
In a personal statement, the husband said he feared Gallagher could have killed him if an independent witness hadn’t started filming the incident.
“The day we encountered the defendant was the most disturbing day of my life,” he said. “That no bones were broken is nothing short of a miracle.”
He said now he had nightmares in which his mind replayed the incident but ending in his death with his wife grieving over his body.
He also suffered long-term pain in his shoulder and neck.
The Recorder of York, Judge Sean Morris told Gallagher: “You behaved like a lunatic. You took exception to having to be behind them.”
He added: "If he (the husband cyclist) had died, as he could have done, you would have been up for murder."
He added: “You were in a complete road rage. It is a miracle nothing was broken, an absolute miracle. It could have been broken hips, arms, legs.
“People who deliberately drive at a person standing in a road or in a field, deliberately to mow them down, have to expect the court will not consider suspending the sentence.
“Your age isn’t a get out of jail card.”
He jailed Gallagher for 18 months, banned him from driving for 21 months and ordered him to take an extended driving test before driving alone again.
Gallagher, of Coxswain Close, Filey, pleaded guilty to attempted grievous bodily harm with intent to cause grievous bodily harm and dangerous driving, both committed in Filey Brigg Country Park.
He had no previous convictions and his barrister Andrew Petterson said he had health problems that would make a prison sentence harder for him than a fit person.
Mr Petterson said Gallagher had been provoked by the husband punching him two or three times.
But Ms Gatland said that had occurred after Gallagher first drove into the cyclist’s wheel, causing him to fall, then got out of his car with clenched fists and said “I’m going to …… batter you”. The judge said the husband had been acting in self defence.
Mr Petterson said Gallagher was remorseful for his actions and handed in references he said showed Gallagher had a positive good character. He had worked for the majority of his adult life.
He was the primary carer for his wife, who had health problems and helped look after his grandchildren, who also had health problems.
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