TWO men were racing each other at speeds estimated at more than 100 mph when one crashed and died on the A38 near Wellington, a judge heard today.

Businessman David Knight, aged 46, of Richards Close, Wellington, was jailed for two years and five months for his part in the fatal incident after admitting causing death by dangerous driving.

Elliot Sparks, aged 35, of Dyers Close, West Buckland, was the man who died when his car left the road near the Beambridge Inn and hit trees.

Large numbers of families of both men were in Taunton Crown Court for the hearing before Judge Paul Cook.

Judge Cook said Mr Sparks was loved and adored by his family and friends, who had been left utterly devastated and desolate by his death.

He said: “No sentence can place a value on his life and nor should it be seen to attempt to.”

Judge Cook said the ‘racing, or competitive driving’ created a substantial danger and Knight had ‘set the pace in terms of racing that day’ in his black Audi Quattro for 'a short-lived pursuit' over the course of a mile.

He took into account the part played by Mr Sparks, who was not wearing a seat belt and who was said to have been ‘test driving’ his Toyota Chaser after a new differential had been fitted to it that day.

An aggravating factor was that Knight’s 17-year-old son was a passenger in the car while he was racing and saw the crash happen behind them.

However, Judge Cook said he credited Knight with returning to the scene and doing everything he could to try to revive Mr Sparks, and he had shown genuine remorse.

Judge Cook said a sentence of 29 months’ imprisonment and a driving disqualification of two-and-and-a-half years plus half the length of the custody term was ‘the least sentence I can pass in the circumstances’.

Prosecuting counsel Peter Coombe said the crash happened at about 6.20 pm on March 28 last year with Mr Sparks being thrown from his vehicle and being killed immediately from head and chest injuries.

Mr Coombe said Mr Sparks had been driving normally behind another car on the way out of Wellington when Knight went ‘flying’ past them at a speed the other driver estimated to be 100 mph ‘and still accelerating’.

Mr Sparks then immediately overtook and nearly caught up with Knight and ‘the two cars were nose to tail’ and it was clear they were racing each other in the outside lane.

Ahead of them was a silver car driven by Wendy Oliver, whose granddaughter was with her.

Taunton Crown Court
Taunton Crown Court, which is currently covered in scaffolding. ( )

Mr Coombe said a second witness parked in a lay-by saw both vehicles travelling at speed in the outside lane and sounding like they were still accelerating with no more than a car’s length between them.

As the road narrowed to a single lane, the two cars overtook Miss Oliver and Mr Sparks’ Toyota clipped her wing mirror forcing her to concentrate on keeping her own vehicle on the road.

Miss Oliver then came across the crash scene and tried to help Mr Sparks, who had been thrown from his Toyota and Knight was also at the scene and tried to give chest compressions under her instruction.

Mr Coombe said Knight spoke to Miss Oliver and denied racing and said he had ‘put his foot down’ to try to get out of the way of Mr Sparks.

He said a third witness had been standing near the Beambridge public house and knew Mr Sparks and recognised his car and he also said the Toyota and Audi were racing each other and travelling far faster than they should on the 60 mph limit road.

A police community support officer further along the A38 then recorded on his bodycam the ‘erratic way’ Knight was driving before he turned and went back to the crash scene.

A police collision investigator who examined the Toyota found an issue with the front suspension of the vehicle which could have affected its cornering, and he estimated Mr Sparks would have been travelling at between 89 and 100 mph when he lost control.

It meant Knight, who was in front at the time, would have been travelling at a similar speed, if not slightly greater.

In mitigation, barrister Ian Morrell said when Knight was interviewed by police he did not seek to blame anybody else nor to minimise the incident.

Mr Morrell said Knight accepted he had been speeding in a way which the law considered was racing and he had expressed his extreme sorrow at the death of Mr Sparks.

He said Knight suffered flashbacks of giving mouth to mouth resuscitation to Mr Sparks and bore the guilt of his son having to witness the incident and then help look for Mr Sparks, and now knowing he would not be able to support the youngster.

Knight told police that putting his foot down to overtake Mr Sparks has been ‘a stupid decision that had horrendous consequences’ and had he not done so then Mr Sparks would not have tried to chase him.

Mr Morrell said Knight was well-known in the Wellington community and had run two businesses and was looked up to and was popular, albeit the incident had shocked everybody.

He said Knight was not in good health and had been fitted with a pacemaker because of heart problems, and following an earlier court hearing being adjourned he was rushed to hospital suffering a heart attack.