A driver who hit and killed a young man at a pedestrian crossing in Co Mayo – with the victim using his final moments to save his niece’s life – has received a fully suspended sentence.
James Moyles (33) of Mount Assumpta Terrace, Ballina, suffered fatal injuries when he was struck by car on Lord Edward Street in the town on February 20, 2024.
Mr Moyles had been holding the hand of his four-year-old niece Cróia, whom he pushed to safety out of the way of the oncoming car.
Keith O’Brien (50) of Lowvalley, Crossmolina, was yesterday given a suspended sentence and disqualified from driving for 10 years at Castlebar Circuit Criminal Court.
He had pleaded guilty to dangerous driving causing death to Mr Moyles.
In a statement issued after the hearing, the Moyles family said it was their wish that James’ legacy would be to save further lives on Irish roads.
“James Moyles died in the heroic act of saving the life of another,” they said, calling upon all road users to extra vigilant of pedestrians and all vulnerable road users.
They urged all stakeholders to tackle what they say is the unacceptable level of road deaths in Ireland.
“We all have a shared responsibility to ensure each other’s safety. James was one of 174 people who died on Irish roads in 2024. These are not just numbers, they are real people gone forever, leaving lives shattered unnecessarily,” the family said.
James Moyles was described as a larger-than-life character and a kind, dearly-loved person whose absence has left his family with immeasurable loss and broken hearts.
Passing sentence, Judge Eoin Garavan compared the death of 33-year-old Mr Moyles to that of Jesus Christ, whose final act was to save someone else.
“The last act of Mr Moyles was one of great selflessness. The last thing he did on earth was the best of them,” he said.
Judge Garavan agreed with the Moyles family that the world is a lesser place without James.
He set a headline sentence of three and a half years but reduced this to two and a half years suspended, describing O’Brien as a “good man who made a terrible error”.
“He showed utter failure to drive properly and appalling lack of judgement. He shouldn’t be on the roads,” said the judge, adding that O’Brien’s guilt would be his companion for the rest of his life and a weight around his neck.
Sergeant Stephen Kenny told the court that Mr Moyles had been returning from the shops holding the hand of his little niece when they stopped at a zebra crossing and he looked to his left.
CCTV footage played in court showed Mr Moyles attempting to throw his niece to safety to avoid an oncoming Skoda Octavia which did not slow down at the crossing.
Both were propelled into the air and Mr Moyles landed on a pavement over 16 metres away, causing him catastrophic injuries leading to his death.
He was treated by medical professionals at the scene and taken to Mayo University Hospital but his life support machine was turned off the following day.
The court heard that Mr Moyles’ family wanted to donate James’ organs to save more lives but that this was not possible as they had been so badly damaged.
O’Brien, who was driving his son James to a music lesson, told gardaí he had not seen Mr Moyles before the collision at 6:25pm.
“I didn’t see him, I just didn’t see him. I didn’t see anyone at the zebra but as I got there was a man and child in front of the car, I hit him, he went up on the bonnet and into the windscreen, I hit the brakes and stopped the car,” said O’Brien.
The court heard that O’Brien had been travelling at 50.8kmph, slightly over the speed limit of 50kmph.
No alcohol or drugs were detected, nor was there any evidence of phone use.
Mr O’Brien has no previous convictions and is a working father of two teenagers.
A probation report put him at low risk of reoffending.
The court heard O’Brien rang 999 himself from the scene and cooperated fully with gardaí, expressing shock, remorse and devastation at the death of Mr Moyles.
In a victim impact statement read by Mr Moyles’ uncle, Seamus Hyland, James Moyles was described as a “gentle giant” with a caring nature, warm smile and great sense of humour.
Mr Hyland said the family’s grief is a life sentence and as raw now as the day James died. “There is a permanent void in the Moyles family which can never be filled.”
He said drivers are continuing to ignore the speed limits and the family wants to have speed ramps installed so that another family will not go through the pain they endure.
Mr Moyles’ mother thinks drivers should “cop on and stop speeding,” the statement read.
She is haunted by the image of her son’s final moments, while his father suffers high blood pressure and can no longer get a night’s sleep, the court heard.
The court heard James had been working with Vincent de Paul and had been offered a permanent position.
Michael Bowman SC, defending, said O’Brien is deeply remorseful and acutely aware of the suffering of the Moyles family.
He read a letter of apology from O’Brien in which he said he would carry James and the rest of his family with him for the rest of his life.
O’Brien has completed a pro-social driving programme and was described as a good sportsman, good father and community man who has helped raise money for charity.
A member of Mayo County Council was present at the hearing and the council has refreshed line markings and installed bollards since the collision, the court heard.
The council has also secured funding to alter the road design.
Judge Garavan said Mr Moyles and his niece were on the pedestrian crossing for a total of 2.4 seconds before they were struck.
“A speed limit is not a target,” said the judge, saying it was almost impossible to fathom how O’Brien had not seen the pedestrians.
Judge Garavan said O’Brien had pleaded early and fully accepted his guilt.
He commended the Moyles’ family for their profound and moving victim impact statement.
“I’ve no idea if young James was a Christian, but I think he would have that forgiveness too,” added the judge.