Driver who ran over 'comatosed' victim lying in the road is jailed
A father-of-two was yesterday sentenced to 18 months in prison for causing the death of Raymond Curtis last year.
Mendell Eugene Outerbridge was found guilty last month of death by dangerous driving. Around 3 a.m. on September 6, 2008, Outerbridge ran over Mr. Curtis, who the prosecution in the case admitted was already lying in the middle of Malabar Road, Sandys.
During the case the jury heard that Outerbridge was driving a car home from a night out drinking in Somerset and Hamilton even though he admitted he had no valid driver's licence, vehicle licence or insurance at the time.
The 27-year-old also admitted he collided with Mr. Curtis between 3.38 a.m. and 3.53 a.m. and failed to report the accident, but always denied the more serious charge of causing his death. However, after five hours of deliberation, the six man, six woman jury found him guilty by a majority verdict of death by dangerous driving.
Mr. Curtis, who lived in a derelict building in Dockyard, had also been on his way home that morning after leaving Woody's in Somerset around 12.30 a.m. to go to the boat club.
His body was found at 4 a.m. by Andre Shakir, 22, who was returning home from a party at Somerset Boat Club.
In court yesterday, Outerbridge said: "I would like to say I am sorry for the Curtis family and for my actions. I am very remorseful and I want to give his family condolences."
During sentencing submissions, Crown counsel Robert Welling recommended a sentence of two to four years.
"It's our humble submission that the defendant is solely to blame. We submit that there is a need for the community for be protected from poor decision making.
"The victim was partly responsible for his own demise by being in the position that he was in. Of course the court will give some weight to that, but the court also has to consider that the defendant was driving. He was on the wrong side of the road and he had consumed alcohol and was driving in excess of speed."
Outerbridge's lawyer Mark Pettingill suggested a maximum of two years imprisonment and called the circumstances of the case "bizarre".
"The man is lying down in the middle of the road. Between the three of us, we have over 100 years experience and we will never see a dangerous driving case where a victim is laying comatose in the middle of the road.
"I would respectfully submit that in all the circumstances in this case and all the other factors that justice wouldn't require this sentence to go beyond two years."
Speaking about Mr. Curtis, Puisne Judge Carlisle Greaves said: "His contribution to his own death was so substantial that it's my view that it should be taken to be at least 50 percent and maybe even 80 percent. It's arguable that if it had not been this defendant driving, it may have been another.
"The evidence was that he [Outerbridge] did strike the victim and did significantly contribute to his death. He is not a proven confident driver."
The judge said the victim had a history of drunkenness and passing out in several places including Malabar Road.
In addition to the 18 months for causing the death of Mr. Curtis, Outerbridge was disqualified from driving all vehicles for five years and received two $300 fines for no driver's licence and driving an unlicensed vehicle.
He was given six months each for no insurance and for failing to report an accident, which will run concurrent.
Time spent in custody will be taken into consideration.
