Ronald Kelvin David Hills, 63, was sentenced to 11 months and two weeks of home detention. Photo / Belinda Feek
A man who fatally crashed into a speeding motorcyclist had three drinks at the pub after a “busy day selling items” before he got behind the wheel.
Ronald Kelvin David Hills’ “momentary lapse of judgment” saw him turn in front of the father of three, Richard Chase, who was travelling on his motorbike at up to 90km/h on a 50km/h Hamilton street.
Chase’s death has devastated his family, who have now told Judge Gordon Matenga just how traumatic the past 11 months have been for them.
Hills, who now lives in Auckland with his son, was meanwhile fighting to stay out of prison.
Six of Chase’s close relatives had their victim impact statements read to the Hamilton District Court, including that of his 13-year-old daughter.
She said losing her dad was the “hardest thing I have ever had to go through”.
“My dad was always there for me,” she said at Hills’ sentencing yesterday.
“He came to my sports games, supported my schooling, and never missed birthdays.
“He was the kind of dad who showed up no matter what.
“Life does not feel the same anymore. Sometimes, I still expect to see him or hear his voice.
“I will always carry him in my heart, but it’s not the same as having him here.”
The court heard that around 4.30pm on May 7 last year, Hills was driving his Subaru west on Norton Rd, in Hamilton, after leaving the pub.
At the same time, Chase was speeding east on his Yamaha and pulling a “wheelstand”, or a wheelie.
He’d just dropped back down to two wheels before he reached the intersection with Maeroa Rd.
Hills, 63, had by then pulled into the turning bay to turn right into Maeroa Rd.
Traffic was heavy, and as he turned, Hills incorrectly judged the gap and turned directly into the path of Chase, who was travelling at between 80km/h and 90km/h.
Chase was thrown from his bike.
Members of the public and a nearby police unit performed CPR and a defibrillation attempt, but he never regained consciousness and died at the scene.
Hills, meanwhile, had turned into the Gull service station and spoke to police who could smell alcohol on his breath, and noted he was slurring his words.
He returned an excess breath alcohol level of 577mcg. The legal breath alcohol limit for driving is 250mcg.
A serious crash unit investigation found contributing factors of the crash were Hills’ alcohol level, Chase’s headlight being pointed in the air while doing the wheelstand, and his speed.
Defence lawyer Glen Prentice asked the judge to look at the circumstances of the crash “as a whole” when determining his client’s culpability.
Effectively, he asked the judge to weigh up his client’s “poor decision making” with Chase’s speeding and wheelstand.
“It’s my submission that we will never know what role the defendant’s alcohol actually had in this crash.
“Could this crash have occurred but for his alcohol?
“Speed was a factor in this crash,” and due to that, it was unknown “how easily he would have been able to be seen”, he submitted.
Prentice said on the day of the crash, Hills had a “busy day selling items” before going to the pub where he had “about three drinks”.
Hills’ two previous drink driving convictions, from 1991 and 1992, were irrelevant, he said, as they happened more than 30 years ago.
He was remorseful and also had $10,000 to pay in emotional harm reparation.
Judge Matenga told Hills that Chase’s whānau and friends were in court today to “eyeball you”.
“That is part of the process.
“They have expressed their anger and frustration at you, but also their deeply felt loss.”
The judge accepted that Hills’ breath alcohol level was moderate, and not an aggravating feature of the crash.
Hills was also waiting in a turning bay to turn right.
“All of these actions are expected of any driver. I do not see these as being aggravated driving at all.”
However, the evidence did show that he failed to keep a proper lookout and give way, which involved a “momentary lapse of judgment”.
“At a time when that judgment was affected by the amount of alcohol you had consumed.”
The fact that Chase had just completed a wheelstand, moving his light up, and speeding were also factors.
“Drivers would not be expecting vehicles travelling much quicker than [50km/h],” the judge said.
As for Hills’ previous convictions, he agreed they were not relevant.
However, Hills had received several speeding tickets in the past, which was an indication of his poor judgment, the judge said.
Judge Matenga took a starting point of two years and nine months’ imprisonment, before allowing 30% in discounts, reducing the sentence to 23 months.
He commuted that to 11 months and two weeks’ home detention.
Hills was also disqualified from driving for 30 months and ordered to pay the $10,000 reparation immediately.
Belinda Feek is an Open Justice reporter based in Waikato. She has worked at NZME for 11 years and has been a journalist for 22.