Driver was at illegal lockdown party before he left teen cyclist for dead on grass verge
The 15-year old was riding his bike home
Martin NaylorCourt Reporter
Adam Barry, 15, died in hospital (Image: Derbyshire Police/Google Maps)
A 15-year-old cyclist was left for dead by the roadside after a cowardly hit-and-run driver mowed him down.
The driver was at an illegal lockdown party before the incident, a court has heard.
The 34-year-old driver had left the gathering in Draycott and phoned a friend before careering into the back of a BMX bike being ridden by teenager Adam Barry, reported Derbyshire Live.
Derby Crown Court heard how Milan Gugyel had ignored Government lockdown restrictions and was drinking alcohol at a "mini street party" before deciding to get behind the wheel of his partner's Audi A2.
Rather than stopping or trying to call for help, the defendant drove home to Heanor knowing he would be prosecuted and lose his job as an HGV driver as a consequence.
And in a victim impact statement, read to the court, Adam's father Peter bravely fought back tears as he said: "The circumstances of his death are hard to process and we are in a constant state of disbelief and anger.
"Every morning we wake up with the reality he has gone.
"In April 2020, the country was in lockdown, none of us were able to leave the house, the roads were empty and an HGV driver got into a car, a lethal weapon being driven dangerously on the road when it should not have been.
"He hit him and chose not to stop and left our son to die on a grass verge.
"Adam deserved much better, he was left as roadkill by someone who should not have been on the roads."
Laura Pitman, prosecuting, said the collision took place in Derby Road, between Borrowash and Risley, just after 9pm on Saturday, April 25, 2020.
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She said Adam had been out for ride on his bike after having dinner with his family and was heading back to his Sandiace home when his BMX was struck from behind by Gugyel, of Holmesfield Drive.
Miss Pitman said on the day of the incident the defendant had driven from his home to a friend's address to return a lawnmower he had borrowed and stayed to eat.
She said: "Bearing in mind this was during a national lockdown neighbours were out in their garden having what one person called 'a mini street party'.
"One neighbour said they saw Mr Gugyel drink what she said was 'several beers' and also drinking out of a tumbler something which looked like whisky."
Miss Pitman said the defendant phoned his landlord at around 7.15pm saying he was drunk.
That landlord's reply was "unbelievable" as he was "no doubt complying with the guidelines of lockdown".
Miss Pitman said Gugyel left his friend's address in Draycott at 8.59pm having been drinking alcohol.
She said evidence gathered by the police showed that the killer called a friend while he was driving on his mobile phone telling the court the call lasted four minutes.
She said: "What's not been determined is whether the Audi strayed into the cycle lane or if Adam strayed out into the road.
"The prosecution say while under the influence of alcohol and while distracted by the call to his friend, the defendant did not see Adam and drove straight into the back of Adam's bike sadly causing his death."
Miss Pitman added: "It is inconceivable the defendant was not aware he had collided with a bike and there had been a person on the bike. But we know that sadly he did not stop and instead he continued to drive home.
"CCTV showed him getting out and inspecting his vehicle.
"The crown say the reason he left, not even calling for medical assistance, was that he was concerned he was over the legal limit and he knew he was on his phone. We also say he knew of the consequences of the offence.
"He knew it would lead to a disqualification and he would lose his employment as an HGV driver."
Miss Pitman said police were able to gather evidence of debris from the car at the scene and were able to identify it as an Audi A2.
She said officers then went to a number of addresses of A2 owners including the one where the defendant's car was registered to, but he had very recently moved. She said that is why Gugyel was not breathalysed that evening.
Miss Pitman said: "He could have called for the emergency services but he did not.
"Not that evening, not the next morning. Adam was discovered by a passer-by, a driver, who flagged down another driver and said 'there's something or someone at the roadside'.
"In fact the emergency service didn't arrive until 9.30pm.
"His mobile phone was ringing and it was picked up by a passer-by.
"Adam's parents, knowing how long he would normally have been out had used his iPhone tracker and realised the phone had not moved for sometime.
"The phone call was from his mother, Beverley.
"They told her what had happened to her son."
Gugyel pleaded guilty to causing death by dangerous driving, and was due to be sentenced on Thursday December 23.
Saul Brody, mitigating, said his client grew up in Hungary and has lived in the UK for 10 years where he has led a crime-free life until this conviction.
He said: "The loss to Adam's family is literally unimaginable and there can be nobody who has not been profoundly moved by the statement read by Adam's father with such quiet dignity.
"The defendant heard that too and he wants to say, knowing it cannot heal the harm he's caused, that he is truly sorry to all those deeply affected by his actions."
Judge Robert Egbuna remanded the defendant into custody until tomorrow.
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