Chesterfield man on drugs “cocktail” died when driver hit him, court hears

Leo Benford was just 27 when he was hit by father-of-one Dean Pinder, who was driving home along Baslow Road at Holymoorside on August 8 last year at around 10pm.

Chesterfield Magistrates Court heard that although Leo lost his life in the “tragic” case, Pinder, 33, was not “legally culpable” for his death.

However the court heard Pinder “panicked” when his windshield “exploded” as he drove along the busy road and did not stop.

As a result he was charged with failing to stop after an accident and dangerous driving after driving home in a car with “significantly” reduced vision through the damaged windscreen.

He admitted both offences.

Prosecutor Emma Gilberthorpe described how shortly before 10pm on August 8 a member of the public reported a male walking on the A619 at Holymoorside “swaying all over the place”.

Around the same time and moments before he collided with Leo, family man Pinder was parked in his car in a layby playing a game on his phone taking some “time out”.

Ms Gilberthorpe explained: “The defendant lives with his wife and child and suffers with anxiety and depression - he regularly goes out in his car once his child is settled.

“He stopped at a fuel station and bought a cup of coffee before parking in a layby - the defendant played on his phone and decided to drive home at 9.50pm.”

Ms Gilberthorpe described how Pinder was driving along the road - with no streetlights - when his windscreen “exploded” and “showered him in glass”.

However he continued driving to his home address which was two-and-a-half miles away.

He only realised the extent of the damage to his windscreen as he reached built-up Chesterfield and it was illuminated by streetlights.

After phoning his wife to explain what had happened and arriving home Pinder then drove back to the scene in her car through a police cordon twice - before returning home again.

The defendant finally called police after a 30-minute walk.

Ms Gilberthorpe said a police investigation showed Leo was struck by the defendant - however a postmortem showed Pinder “would not have been able to take evasive action”.

She added: “Leo Benford had a cocktail of illegal and prescription drugs which would have impaired him cognitively.

“It meant the defendant would not have had an opportunity to avoid the collision - but he did have an opportunity to stop.”

David Gittins, Pinder’s solicitor, said his client was “panicking” when he drove on after the accident and accepted he should not have driven his badly damaged car.

Pinder, of Brampton, Chesterfield, was banned from driving for 12 months, handed 120 hours unpaid work, £85 court costs and £95 victim surcharge.

District Judge Andrew Davison told him: “The tragic death of Mr Benford is not something you are legally culpable for.

“The offence is dangerous driving due to the condition of your vehicle.”

The judge added that Pinder had also “failed to stop after the accident and report the matter to the police”.

He said: “The court sends its sincere condolences to the friends and family of Mr Benford.”

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