A drink driver has been found guilty of murdering a cyclist he swerved into during a road rage row about overtaking. David Morgan, 40, moved his Mercedes into the path of victim Richard Smith, who was flung over his handlebars and into the road after clipping the wing mirror. The dad-of-three suffered extensive head injuries and died in hospital three days later.
Court hears details of the incident
Morgan was convicted of murder by a jury yesterday afternoon. During the trial, Morgan admitted to Norwich Crown Court that he wanted to wind Mr Smith up after the latter clipped his Mercedes CLA 180 sports car. The two men did not know each other.
It was heard that father-of-three Mr Smith had shouted at Morgan, who had been trying to overtake and undertake traffic as he travelled to pick his children up from school. Morgan said he heard a bang on the side of his car and said Mr Smith called him a d*** head or k*** head.
When Josh Normanton, defending, asked Morgan how he felt about someone having hit his car, Morgan replied: "A bit p****d off." He added he had always had rubbish cars but had worked really hard to get his Mercedes.
Medical evidence and alcohol test
Dr Benjamin Swift, a consultant forensic pathologist, told the court Mr Smith suffered from a complex of fracturing to the right side of his skull. The fracture measured 19.4cm long, extending from Mr Smith's right eyebrow towards the back of his head. Below that, Dr Swift found additional fracture lines including a hinge-type fracture, which was a significant fracture and extended from ear to ear. As well as other skull fractures, Mr Smith had also suffered a severe-traumatic brain injury with bruising and tearing to the brain surface.
The jury of nine women and three men heard the brain was swollen with bleeding over the brain surface as well as bruising to the left side of the brain. CCTV released by the CPS shows Morgan ordering drinks at around 1.39pm, just under four hours before the incident, and his arrest.
Morgan failed a roadside test for alcohol and was found to have 57mcgs in 100mls of breath. The legal limit is 35. In his police interview, he had drunk alcohol after the incident, and not before, though his defence barrister accepted in court that this was not true.
Sentencing and family tribute
He said he was scared as he knew he had been to the Sole and Heel pub earlier in the day, but insisted he did not feel intoxicated when he got behind the wheel. Morgan had branded Mr Smith a f*****g idiot immediately after arrest, but when interviewed the following day said it was because he had been in shock after being arrested on suspicion of attempted murder.
Morgan, from Norwich, had denied murder although he has pleaded guilty to a lesser charge of manslaughter. He was found guilty of murder and will be sentenced at Norwich Crown Court on November 30.
In a tribute to their much-loved partner, dad, brother, son, friend and colleague, Mr Smith's family said: "We are all struggling to make sense of such a tragic loss to all of our lives. Rich was a keen Norwich City supporter, a blood and organ donor and a proud dad to his three children. We will remember him with love and kindness and for some truly terrible dance moves."
