James Atkinson, a trumpet player from Wales, died after being struck by a speeding BMW as he crossed the road
The family of a trumpet player from Wales who was killed on his way to band practice say that he was a “true gentleman” who “lived for his music”. James Atkinson died aged 81 after being struck by a speeding BMW while crossing the road, having been walking to a social club in order to enjoy his “favourite past time”.
Fellow band members were later left “calling and messaging him, wondering where he was”, not realising that he had been fatally injured. But, in a fitting tribute, his instrument has now been donated to the organisation that “meant everything to him”.
A trial at Liverpool Crown Court heard that driver David Brown, of Malvern Road in Tranmere, Wirral, was travelling along Teehey Lane in Bebington in his BMW 1 Series shortly after 7.30pm on March 4 2024 when he struck Mr Atkinson as he crossed the road. The area was said to have been busy with fellow motorists and pedestrians at this time during dark and rainy conditions.
Robert Dudley, prosecuting, described how Brown had earlier been forced to slow down as he approached the junction with Village Road due to cars ahead of him having been waiting to turn right into this street. The 25-year-old then accelerated away “at considerable speed” along the 30mph route, overtaking parked cars and crossing into the opposite carriageway.
Mr Atkinson was meanwhile crossing the road as he walked to the Royal British Legion, having parked his own car on nearby Roland Avenue. Having taken eight steps into the carriageway, he was then struck by the driver’s side of the BMW.
After being rushed to Aintree Hospital with fractures to his neck, skull, ribs and facial bones, as well as “catastrophic” bleeding on the brain, Mr Atkinson, who lived in North Wales, was later transferred to the Walton Centre. However, he was pronounced dead at 5.05pm on March 6 as a result of his injuries.
A series of statements were read out on behalf of Mr Atkinson’s family during yesterday’s sentencing hearing. One, from his brother Donald, said: “Jim was my big brother, and I miss him dearly. Jim was the brightest out of the three of us, although I do remember one time when Jim encouraged our youngest brother to jump off an air raid shelter using a sheet for a parachute, resulting in a broken arm.
“Jim learned to play the trumpet and cornet as a child, and he played in the boys’ brigade. Music became such a big part of Jim’s life, and he formed a band with a few friends. He was a police cadet before working in the same factory as our dad in Warrington. Jim worked on the gas rigs in the North Sea. He soon started travelling the world as an accomplished engineer, working on gas installations, spending a lot of time in Saudi Arabia.
“Jim lived for his music. He would spend hours transposing music to make it into something his band could play. It was a Glenn Miller type of band. Every Wednesday, he would go to the British Legion in Bebington to play with his band. He loved going there, so much so that he would often go on other nights.
“After Jim’s death, I went to the British Legion and the landlady showed me where Jim would sit. They all knew him. She said Jim would sometimes go and not even have anything to drink. He just went to chat to everyone, and it was a long drive for him. It was where he was going the night of the collision.
“In the year before Jim died, he had been diagnosed and successfully treated for lung cancer. It made his breathing difficult, and so he was unable to play the trumpet. Jim would still go to the British Legion and watch his beloved band.
“He loved that place so much that we decided to have his wake there. We heard so many lovely things about Jim. Two days after the collision, Jim was due to be at the British Legion for the weekly Wednesday night band meeting. The other members were calling and messaging him, wondering where he was and checking to see if he was ok, not realising that Jim had sadly passed away.
“I usually spoke to Jim once a fortnight, and once he got into conversation he was quite bright and chatty. As people do, we always planned to arrange a get together.
“The memory of seeing Jim on the ward on life support will stay with me forever. Jim couldn’t speak, but we talked to him anyway. I think he knew we were there. We had a meeting with the doctors, and the decision was made to switch off the support. An hour later, surrounded by family, he quietly and peacefully passed away.
“We have donated Jim’s trumpet to the band. They were grateful, and we think this is what Jim would have wanted. His music and the band meant everything to him. I didn’t think it would affect me as much as it has. I get so upset. I find it hard to sleep. I cry and I am overcome with anxiety.
“This whole incident is so upsetting for everybody involved, and we do often think about the driver and hope he is coping. As a parent, I can’t imagine what he and his family are also going through. But to finish with Jim, my big brother. I wish we could have arranged that get together.”
Mr Atkinson’s other brother John said in his own statement: “It has been two years since my eldest brother, Jim, was mowed down and killed on that night. My brother was on the way to his favourite past time of listening to and watching the big band sounds. This is what has constantly been in my head for the two year period and is all I have been able to think about.
“We had to make the very difficult decision to turn off the machines, and we had to go in and watch Jim take his last breath. This is a thought that remains in my head every day, even nearly two years later.
“Now the trial has finished, I can finally start the grieving process and again start to close the part of a scarring memory and begin to finally move forward. I realise that the court process has had to happen, and any sentence would not bring my brother back and it will never allow him to have his retirement back, which he so thoroughly enjoyed.”
Son Stephen, who suffers from Huntington’s disease, meanwhile added: “I miss my dad deeply. I miss him being able to visit me and I miss going out with him together. We used to enjoy spending time together, and I have many happy memories with him growing up. These memories mean even more to me now.
“I have had my own struggles with my health, and preparing this statement is incredibly difficult for me. I am determined to let you all know about the sense of loss that I am feeling. My dad was always there to look after me and has always shown that he loves me. I will miss him always, and his loss will have a lasting impact on me.”
Brown was said to have briefly slowed following the collision but then drove onwards to his mum’s flat before returning to the scene of the accident in her company. She was said to have approached a police officer who had arrived in the area in the interim before the defendant told him: “I didn’t even see him, I just didn’t see anything at all.”
Under interview, Brown went on to tell detectives that he had been working with his dad in the Tranmere area and was driving to his mother’s for tea. The mechanic added: “Obviously, I haven’t seen the fella in the middle of the road. It was dark as I have come up the road. My mirrors just flew off the car, like something has been on my driver’s side, but I have not seen him because he has been in my blind spot.
“And then obviously I didn’t know what I hit, panicked, went straight down to my mum’s and my mum brought me straight back up. I just knew I had hit something, then I have just carried on going. I just went to my mum’s, and my mum has run me back to sort it all out.”
Brown also estimated that he was travelling at “maybe 30, just over 30” at time, although investigations subsequently found that he had been driving at between 39 and 42mph. He has no previous convictions, having held his licence since 2017 and had three penalty points which have since expired.
Trevor Parry-Jones, defending, told the court on Monday: “Your honour had the advantage of being able to see the defendant during the course of the trial. He did not portray a robustness. In my submission, he perhaps did not show the maturity of his age, rather an immaturity. That could well be, firstly, as a result of his dyslexia and, secondly, his learning, which was limited. But he had worked throughout his life, when he was able to.
“There is one shining member of the family, and that is his mother. At the time, he was not living with her. She finds it too upsetting to come to court. But his mother was the person who immediately took him back to the scene. Your honour will recall, at the scene, he was in tears. He was extremely upset.
“While he could not come to terms himself with the conviction, he was remorseful and wished that he could put the clock back, as many people do. In this case, I am going to submit that is genuine. He accepts that his driving caused the injury.
“It has affected him. His doctor refers to depression. This is a young man that custody is going to come very hard to. When he is serving his sentence, it will be much harsher for him than those who are more robust.
“This case brutally brings home the effects of such accidents. The family is devastated. Whatever happens today will not bring the situation back to the way it was before. It has brutally brought the situation home to him as well. He will not be able to see his young daughter.
“This is not a case of someone driving at 70mph. It was excessive. The jury have found that it was dangerous. But, in that sliding scale, it was not overly great. Secondly, it was for a short duration.”
Brown was found guilty of causing death by dangerous driving by a jury and admitted failing to stop after an accident. Appearing in the dock wearing a navy blue suit over a white shirt and blue tie this morning, he was jailed for four years.
Sentencing, Judge Anil Murray said: “You have maintained throughout that your driving was neither dangerous nor careless, and you still do. Mr Atkinson was 81 years old. He had worked all of his life. He travelled the world. He was a talented musician. He shared his talents for the entertainment of others. He want to the club every week and would play his trumpet and see his friends.
“You liked cars. Your car, a BMW 1 Series M Sport, you said, was faster and more powerful than most cars. You were on your way to see your mother for dinner. It seems that you felt frustrated and accelerated sharply.
“You drove in the centre of the carriageway and did not return to the left hand lane. The only reason for not returning to the correct lane can be the one suggested by the prosecution, that you wanted to open up the oncoming left hand bend to take it faster than normal.
“This was a built up area. Mr Atkinson was walking slowly across the road. You failed to see him. When Mr Atkinson had walked across more than half of the road, he was at the driver’s side of the car. He had walked right across the path of your car.
“Had you kept a proper lookout and been going at a reasonable speed, you would have seen Mr Atkinson and the collision and resulting death would have been avoided. Had you returned to the correct side of the carriageway, the collision would have been avoided. You then drove off without stopping to check how Mr Atkinson was.
“The behaviour of your mother in this case has been faultless. She has behaved honourably throughout. This situation must be really difficult for her. When you arrived at her house and told her there had been a collision, she almost immediately took you back to face your responsibilities. She followed that up by making a statement and giving evidence for the prosecution.
“This case must be agony for her, as it must be for those who Mr Atkinson left behind. No sentence I pass can bring back James. You have never had a custodial sentence, and it will be difficult for you. I accept that. You will be separated from your daughter. Mr Parry Jones says that you have demonstrated immaturity. I accept that.
“This will be your first prison sentence, and probably your last. There is nothing in your case that makes me think you will trouble the courts again, but you have committed a really serious offence and you have not taken responsibility for it or owned up to blame. The pre-sentence report says that you are remorseful. The problem with that is, you continue to deny your guilt and say the collision was not your fault.”
Brown was also banned from driving for seven years and will be required to pass an extended retest before being allowed back on the roads. Mr Atkinson’s family issued a further tribute following the hearing, saying in a statement: “Jim. A loved eldest brother, father and grandfather. A talented musician and true gentleman who will be sadly missed.”
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