A builder who was "too drunk to stand up" has been sentenced to 10 years behind bars after ploughing his van into a cordoned-off section of motorway roadworks and striking a highways worker who had stepped from his vehicle just seven seconds before.
Vilius Domarkas had recently returned to Stansted Airport from his homeland Lithuania, where he'd been receiving treatment for alcohol addiction, when the deadly collision occurred on the M23 at junction 9 southbound during the early hours of July 8.
Crash details
Lewes Crown Court was told the 38-year-old, who had recently separated from his wife, was spotted driving "erratically" and weaving between lanes moments before he struck and killed 65-year-old Anthony Howe from Kent, who was still gripping his van's door handle.
Naomi Edwards, prosecuting, informed the court that the defendant's Citroen Relay van only stopped 500 metres beyond the collision due to an automatic fuel cut-off system activated by the vehicle's damage.
Police investigation
She explained that Domarkas subsequently contacted police, reporting his windscreen was smashed but claiming he had no memory of how it occurred. The prosecutor revealed that when officers arrived at the scene, his speech was heavily slurred and he was so unstable that he toppled over.
A blood sample taken four hours following the crash revealed he was above the legal alcohol threshold, registering 221 microgrammes (ug) per 100 millilitres (ml) of blood. The legal limit stands at 80ug of alcohol per 100ml of blood, yet the court heard that back calculations suggested he was between three and four times over the limit at the time of the crash.
Sentencing and impact
Sentencing Domarkas, who had admitted to causing death by dangerous driving, Judge Martin Huseyin said: "You called 999 but you were so drunk that you didn't realise that you had hit a person." He went on to say: "It's truly shocking that as a man who was too drunk to stand up, you felt fit to drive on a motorway."
The judge further stated: "Mr Howe was a vulnerable road user, as are all pedestrians, but because of his job and the work he had to carry out on the slip road, that meant he was in an exceptionally vulnerable position."
He added: "He died of catastrophic injuries, mercifully, he died instantly. Mr Howe's death has caused a devastating blow to all those around him."
In a victim impact statement read out in court, Mr Howe's partner Lilian Bonney said: "My entire world was ripped apart when Tony was killed in a road traffic collision. Tony completed me and without him I simply do not feel whole anymore. Tony was an amazing partner, he was a loving, caring man. Tony was a gentle giant who could make anyone laugh with his cheeky personality."
Ms Bonney also revealed that she had been struggling to sleep since Mr Howe's death and confessed she "often cry myself to sleep". She continued: "His future had been taken away in the cruellest way. This defendant made a choice that stole my happy-ever-after."
Andrew Bullivant, in defence, stated that Domarkas, a father of two, was "genuinely remorseful" and had notified the Home Office of his plans to return to Lithuania upon serving his sentence.
He explained that the defendant was dealing with the end of his marriage and had recently completed a stint in rehab in Lithuania before flying back to the UK late the previous night. He further noted: "He took the fatal decision to drink, possibly because of the marital breakdown."
In addition to his jail term, Domarkas, of no fixed abode, was banned from driving for 16 years and eight months, and the judge ordered the confiscation of his van.
