David O'Toole, a 40-year-old man with no fixed address, was tracked down to a quiet Welsh caravan site in Towyn, Conwy County, after being wanted by police for nine months. He had fled from officers following a crash in Wirral in July last year, jumping over fences and running onto railway tracks to escape.
Crash and Arrest
On July 15, Merseyside Police were called to a crash on St Peter's Way in Noctorum, Wirral. They found a red car stopped in the middle of the road, with O'Toole and his front seat passenger slumped over inside. O'Toole was slurring his words when roused, according to prosecutor Jonathan Keane, and confirmed he had taken a couple of diazepam. He was arrested on suspicion of drug-driving.
After being placed in the back of a police car, officers discovered a quantity of class C drugs—zopiclone and diazepam—inside a black shoulder bag O'Toole was carrying. However, O'Toole pulled away from officers and ran, climbing on top of a bin and over a fence before escaping through rear gardens of adjoining homes.
Nine Months on the Run
O'Toole remained at large until April 23, when he was located at Henllys Farm Touring and Camping in Towyn. Prosecutor Jonathan Keane told Liverpool Crown Court: "This was not a sophisticated escape. There was no violence or injury suffered. The only relevant factor may be how long the defendant was at large, which was just shy of a year."
O'Toole has 14 previous convictions for 26 offences, including suspended sentences for supplying class C drugs and breaching a non-molestation order during the intervening period.
Defense and Sentencing
John Weate, defending, said: "It is a strange set of circumstances. He finds himself before the court on this matter having been before the courts on a number of occasions in the intervening period. There were occasions when he appeared before the court, got a suspended sentence, and was then ordered to serve part of that suspended sentence. The defendant was subject to probation supervision. He had a fixed address. He was in police custody on a number of occasions. The reality is it was spontaneous. He was, at the time, perhaps under the influence. There was no violence used. There was no preparation. He is optimistic for the future. There are issues relating to his mental health which go back many years. He has been in custody for some time now and he is effectively clean."
O'Toole admitted escaping from lawful custody and possession of zopiclone and diazepam. Appearing via video link from HMP Liverpool, he was jailed for nine months. Sentencing, Judge Garrett Byrne said: "You pulled away and ran off. Police chased you. You crossed some railway tracks. Police had to deploy dogs. British Transport Police had to shut the tracks off to make them safe. You succeeded in your escape and were effectively on the run until April, a period of nine months. Clearly, in this case, there was no planning involved. It was an opportunistic and instinctive escape. No violence was offered to the police officers. It is reasonable to assume that some disruption to the railways was caused, and you failed to hand yourself in and were on the run for a substantial period of time. It is aggravated by two factors. Firstly, you were subject to a suspended sentence at the time of the offending, and, secondly, you do have an extensive criminal record. In terms of mitigation, there is very little of any compelling nature."
