Aaron Gumble, of Drumalee Park, North Circular Road, Dublin 7, was sentenced to eight years in prison, with the final 18 months suspended
Mary Bernie (87), known as Peg, died from her injuries three days after she was knocked down on Eccles Street, Dublin 7, on June 20 last year.
Aaron Gumble (28), of Drumalee Park, North Circular Road, Dublin 7, was today sentenced to eight years in prison, with the final 18 months suspended.
Gumble, who had been on bail for theft offences at the time, was also disqualified from driving for ten years.
He had pleaded guilty to dangerous driving, causing death, leaving the scene and theft of an e-scooter from the underground carpark of the Mater Public Hospital.
Passing sentence at Dublin Circuit Criminal Court, Judge Pauline Codd commended Mrs Bernie’s daughter on her very moving, articulate and insightful victim impact statement.
Judge Codd said the family of the late Mrs Bernie were dealing with “unspeakable trauma” from the harrowing loss of their treasured mother.
The judge described Mrs Bernie as a “warm, decent and kind human being that just emanated from the entire victim impact report,” adding, “I hope she is dearly remembered that way.”
After viewing CCTV footage of the incident, Judge Codd noted that Gumble had shouted for help where Mrs Bernie lay on the ground before fleeing the scene.
“He seemed more motivated to make good his getaway than to help the woman he had collided with and left on the ground. He asked others to help her but wasn’t willing to do so himself,” she said.
Setting a headline sentence of nine and a half years, Judge Codd said it was a significant aggravating factor that Gumble had left the scene.
“It has been said that he wasn’t aware of the extent of the injuries. But he didn’t hang around to find out,” she said.
Judge Codd placed the crime at the upper range for offences of this nature and included as mitigating factors Gumble’s guilty plea and his entrenched addiction issues.
Reading her victim impact report on behalf of the Bernie family aloud, Mrs Bernie’s daughter, Ms Denise McDonnell, remembered her mother as “a kind, generous, gym-going, bridge-playing, energetic woman, who expressed her love for her family through cooking and baking”.
She said her family will be haunted by the violent and traumatic injuries inflicted on their mother and by the image of her lying on the street, alone and in incredible pain.
“I constantly think of how scared she must have been lying there. We are tortured thinking of her and if she knew she was going to die.”
The court heard how Mrs Bernie’s husband almost collapsed with shock when gardaí knocked at his door to say what had happened to his wife of 61 years.
Ms McDonnell said her father never recovered and became a shadow of himself, dying six months later in a nursing home of a broken heart, aged 89.
“He was in deep despair. He didn’t want to live without Mum. We know that Gumble is just as responsible for Dad’s death as he is for Mum’s,” Ms McDonnell said.
Aaron Gumble
She said the family are plagued with nightmares of being back in the ICU trying to save her mother.
“We are struggling. We are heartbroken. We are still in profound shock. Our sense of loss is immeasurable.”
“We got our strength from our Mum and Dad showed us how to live an honest life,” said Ms McDonnell.
Family members left the courtroom while gardaí played brief CCTV footage of Gumble stealing the electric scooter before colliding with Mrs Bernie outside the Mater Private hospital, where she had just attended for an appointment.
Detective Superintendent Mary T McCormack told Justin McQuade BL, prosecuting, that the e-scooter had belonged to a staff member of the Mater Public Hospital, who had left it in a caged-off area of the hospital’s underground car park.
The owner of the e-scooter told gardaí he had bought it three weeks earlier for €699 and had not locked it, as he considered it secure because it was in an area for staff access only.
The e-scooter has not been found and the owner remains out of pocket, the court heard.
CCTV footage showed Gumble removing the scooter at five to three in the afternoon and driving it up the ramp from the underground carpark.
Gumble was then shown turning left onto Eccles Street and driving near the mid-line of the road at a speed of 21kmph before colliding with Mrs Bernie, who was crossing the road.
Forensic collision investigators said the CCTV showed that Gumble crouched down, braced for impact and did not make any attempt to take evasive action.
Superintendent McCormack said the impact of the collision caused Gumble to tumble off the e-scooter and he came back momentarily to Mrs Bernie, shouting “help, help, help” before going back to the scooter and leaving.
Judge Codd commended the “wonderful” medical professionals who happened to witness the collision and came to Mrs Bernie’s assistance.
Several witnesses described hearing someone shouting at a man on an e-scooter that he should be staying at the scene, to which the man responded: “No, I have to get out of here.”
Gardaí identified Gumble from CCTV and arrested him at his home two days later. He was interviewed three times and made no admissions.
He has 140 previous convictions, the court heard, including 26 for unauthorised taking, 10 for burglary, 25 for theft and others for robbery and possessing drugs for sale or supply.
The superintendent agreed with Carol Doherty BL, defending, that Gumble’s guilty plea had spared the family from having to go through a trial.
Ms Doherty said although it would be of cold comfort to Mrs Bernie’s family, Gumble wished to convey his remorse and sorrow for his actions and had written a letter of apology.
“He must now live with the consequences of his actions,” said Ms Doherty.
“He is deeply remorseful and he knows that nothing can excuse or justify his actions on the day,” she added.
The court heard extracts from a probation report that said Gumble’s substance abuse issues stemmed from his “maladaptive coping strategies” for dealing with tragedy in his own life.
He became addicted to cocaine in his early 20s and financed it by stealing bicycles and electric scooters, counsel said.
Gumble was assessed as being at high risk of reoffending. However, counsel said he is using his time well in custody and has begun to address the negative and antisocial aspects of his behaviour.
He has demonstrated victim awareness and is highly motivated to continue his recovery and attend residential treatment once his sentence is completed.
Judge Codd ruled that Gumble’s sentence is to run consecutively to a three-month term he is already serving for burglary offences. She also ordered him to remain under the supervision of the probation services for 18 months on his release and engage in victim-focused work.
