Speeding Police Officer from Hertfordshire spared prison over death of moped rider
Metropolitan Police Constable Ian Brotherton, 32, was driving at 47mph in a 30mph zone when his marked police vehicle crashed
A police officer who knocked over and killed a moped rider while responding to an emergency call has avoided jail.
Metropolitan Police Constable Ian Brotherton, 32, was driving at 47mph in a 30mph zone when his marked police vehicle crashed into Cristopher De Carvalho Guedes, 26.
The officer, from east Hertfordshire, denied causing death by dangerous driving but admitted the lesser alternative of causing Mr Guedes's death by careless driving.
On Thursday, Judge Mark Lucraft KC sentenced him to six months' custody suspended for 18 months.
The judge acknowledged the defendant's remorse, but said: "As a trained police driver driving in connection with your duties your driving must be judged according to those standards.
"Footage of the incident has been played in court and subject to expert analysis."
The defendant was also ordered to carry out 150 hours of unpaid work and disqualified from driving for 30 months.
Outlining the facts, prosecutor Michelle Heeley KC said the trained police driver was responding to a call about a child allegedly being strangled just before 3pm on October 12 2023.
At the time, Brotherton was on the A10 in Enfield, some 2.4 miles away from the destination.
The police van had its lights and sirens on as it went through a red light in Southbury Road and collided with Mr Guedes, who was turning right into Baird Road.
Ms Heeley said: "He was flung onto some railings, he suffered huge head trauma. He died at 12.30am on October 13 2023."
The defendant's view of the junction had been partly obscured by a large wall and a tree, the court was told.
As part of his exemptions as a police officer, Brotherton was allowed to exceed the speed limit and pass through red lights provided safety was never compromised.
In his basis of plea, the defendant explained how he saw a bus waiting at the junction which he believed was holding traffic back allowing him to pass.
The court was told Mr Guedes was wearing a motorcycle helmet which would have reduced his ability to hear the sirens on the oncoming police vehicle, although there was no suggest he was at fault.
Mr Guedes' family attended his sentencing by video link from Brazil and described him in a statement as a "joy", "irreplaceable" and a talented footballer.
They called for the officer to be dismissed for the "30-second" error that changed their lives.
Mitigating, Robert Morris said: "This is something Mr Brotherton thinks about each and every day.
"This is a tragic incident and it unfortunately had such a devastating impact on Mr Guedes and his family. Mr Brotherton wishes he could turn back time and do things differently on that day.
"He was responding to something he thought was a genuine emergency. He believed his sirens, his lights would have been noticed by other road users.
"He got that terribly wrong. He thought the bus was holding back the other traffic and allowing him to pass."
He said it was a "lapse of judgment over mere moments".
Rachael Taylor, from the Crown Prosecution Service, said: "Our thoughts remain with the family and friends of Christopher De Carvalho Guedes.
"Pc Ian Brotherton was a police response driver and had undertaken training, which included how to safely approach and negotiate traffic lights showing red when engaged on an emergency call.
"But his driving on that day fell below the standard expected of an officer trained to be on London's roads in such circumstances.
"It is only right that he has been held to account for his actions, which led to this tragic death."
Previously, Detective Chief Superintendent Caroline Haines, of Scotland Yard, said expressed sympathy of the family of the victim.
She said: "Police drivers are trained to the highest standards and while they have certain exemptions when driving police vehicles on public roads, they know they are accountable should their actions fall below these standards.
"In this case, an independent investigation conducted by the IOPC, which we fully supported, has gathered all the evidence from that day and Pc Brotherton has admitted to causing Mr Guedes's death due to his careless driving.
"While he has shown remorse for his actions, it is right that he has been held to account for his actions."
Charges were brought against Brotherton at the conclusion of the investigation by watchdog the Independent Office for Police Conduct (IOPC).
The court was told Brotherton faces a police misconduct hearing on March 26.