Driving death involved high speed

Dangerous driving included racing, passing six cars in Savannah area at night

Jarrett Eniko Morgan was sentenced on Monday to two years imprisonment for causing the death of Matthew Bodden by driving dangerously on the night of Friday, 15 January 2010.

In reviewing the facts that led to the charge, Justice Charles Quin said, “I find it difficult to imaging a more dangerous piece of driving. It is a miracle that more people were not killed or seriously and permanently injured.”

Morgan, 20 at the time of the incident, was driving a Honda Torneo and reportedly racing with a Toyota Alteeza from the area of the Savannah Post Office and heading towards Bodden Town. In the vicinity of Savannah Meadows he overtook the Toyota as well as five other cars ahead of it. Matthew Bodden, 23, was the front seat passenger and his brother Phillip was in the back seat.

On reaching a right-hand bend just west of Will T Road, Morgan was driving at a speed estimated to be in excess of 100 mph, at which point he was said to have lost control. The vehicle began to skid to the left and collided with a concrete wall, dragging along the wall until it hit a column that caused the car to rotate counter-clockwise and travel another 300 feet before coming to rest. Some of the flying debris caused damage to other vehicles on the road.

Matthew somehow got himself out of the vehicle, while Morgan dragged Phillip out. When police arrived, Morgan told them he was the driver.

Matthew was taken to the hospital and pronounced dead on arrival. Cause of death was a traumatic laceration of the thoracic aorta due to a severe blunt force impact injury.

An accident reconstruction expert calculated that Morgan was travelling at a speed in excess of 107 mph at the time of the crash. The expert also found the mechanical condition of the vehicle did not play a part in the accident.

After this summary, Justice Quin went on to consider the aggravating and mitigating features of the offence.

Crown Counsel Kenneth Ferguson had emphasised the ingredients of speed, racing and passing a long line of traffic. He said sentencing guidelines suggested a custodial sentence of four to five years.

Defence attorney Ben Tonner submitted that the only aggravating feature was the speed. He said the offence should be treated as one involving a momentary dangerous error of judgment or a short period of bad driving that was aggravated by a habitually unacceptable standard of driving. Morgan had admitted being the driver from the outset and only delayed entering a guilty plea because of difficulties in getting an attorney. He had offered profound and sincere apologies to Matthew’s family and friends.

Mr. Tonner suggested that the appropriate sentence for such an offence would be two to three years after a not guilty plea.

Justice Quin said he had received considerable assistance from a pre-sentence report. It noted that, although Matthew’s mother and brother were having great difficulties in dealing with their loss, they understood that Morgan did not intend to end Matthew’s life; over time, they have forgiven him. Further, Morgan had no previous convictions and had a good work record, having been employed with government since leaving school. He was a talented footballer and part of Cayman’s national team.

The judge quoted a former UK Chief Justice, Lord Taylor, who said, “We wish to stress that life cannot be restored nor can a loss be measured by the length of a prison sentence. We recognise that no term of years or months imposed on the offender can reconcile the family of a deceased victim to their loss, nor will it cure their anguish.”

Justice Quin said he had to impose a sentence that would get the message through to drivers so they would understand the serious consequences of not maintaining proper and lawful standards of driving. People convicted of causing death by dangerous driving must realise that no matter what their mitigating circumstances are, a custodial sentence will be imposed.

In addition to the prison term, Morgan also received a five-year disqualification from driving.