A cyclist was murdered after he was struck by a car in broad daylight by a “reckless” elderly driver whose vision was so terrible that he couldn’t see a number plate from 10 feet away, the court heard.
When Peter Gardner, 82, struck James Tassell, 70, on a rural road in Andover, Hampshire, on July 23, 2016, his eyesight was so bad that he shouldn’t have been behind the wheel.
The “loving grandfather,” Mr. Tassell, was riding his bicycle at 10 a.m. on a sunny summer day when a silver Vauxhall Vectra driven by an elderly man crashed into the back of him, throwing him six feet into the air.
A driving test requirement is that drivers can read a number plate 20 metres (65 feet) away, but Gardner’s eyesight test results after the collision revealed that she could only read a plate three metres (9 feet 10 inches) away.
A court also heard that the retired rail worker had been advised by an optician over 18 months prior to the collision that he might be developing cataracts, but had neglected to schedule a follow-up appointment.
Gardner has since received a six-month prison sentence after being criticised by Mr. Tassell’s heartbroken family for “choosing to drive while having terrible eyesight.”
Jim Tassell, a resident of Andover who was injured seriously in the collision, was airlifted to Southampton General Hospital but tragically passed away five days later.
Prosecutor Berenice Mulvanny stated at Salisbury Crown Court that Mr. Gardner struck Mr. Tassell from behind while travelling in the same direction.
Witnesses stated that Mr. Tassell was launched two metres into the air. All of the witnesses claimed to have seen Jim.
According to testimony given in court, Gardner told the driver who had stopped to assist Mr. Tassell that Mr. Tassell was “in the shadows” and that he “didn’t see him.”
Ms. Mulvanny continued, “Instead of the required 20 meters, Mr. Gardner could only read licence plates from three metres away.
The results of a field impairment test indicated that Mr. Gardner was impaired. His vision was so bad that he shouldn’t have been operating a vehicle.
Mr. Tassell and his wife Stephanie were getting close to celebrating their 50th wedding anniversary. Stephanie described her husband as “loving” and “kind.”
Gardner received criticism from Mrs. Tassell in her victim impact statement. “[He was] a great gentleman,” she added. “You took that same guy away when you got in the vehicle.”
If it weren’t for your conceit and selfishness, Jim might still be here today. I will never forget what you did to me and my family.
Gardner had previously seen an optometrist in August 2019 when he was advised that he could be getting cataracts and to come back in 12 months, which he neglected to do.
Ben Tassell, Mr. Tassell’s son, said that Mr. Gardner had deprived his mother of her spouse and her whole world.
It is quite evident that you should not have been behind the wheel of an automobile, his daughter Emma stated. You have taken away the finest grandfather from my children.
Gardner’s attorney, Barrister Ian Bridge, said that his client concerned about the devastation he had caused to the Tassell family every day and had even shed some tears on occasion.
He did not think his vision was as terrible as he now fully believes it to be, living alone and in isolation. He acknowledges now that he failed to realise what he should have. He only hopes that the court will acknowledge that it wasn’t a conscious choice.
As he handed down the punishment, Judge Andrew Barnett criticised Gardner’s “recklessness and ignorance” and said that cyclist Mr. Tassel was not doing anything improper at the time of the collision.
The court said, “Conditions were good, the sun was out, but nothing materially impeded your vision other than the fact that your eyesight was failing.”
I’m informed that you hadn’t observed a decline in your vision. I find it difficult to believe you were driving when the crash occurred and were unaware of it.
You must have known that you were not seeing things as you ought to have been able to see them.
“You have devastated the Tassell family, brought them misery, and despair.
“Jim’s widow and two children have told me that you have torn a hole in their family by depriving them of their husband and father.
For the rest of your life, “You, and you alone, have to live with that responsibility.”
Gardner, of Whitchurch, Hampshire, acknowledged driving while dead. He received a six-month prison term as well as a three-year, three-month driving ban.
“I trust you will, practically speaking, never drive again,” Judge Barnett continued.