A much-loved grandad was killed on his grandaughter's birthday in a head-on crash caused by a driver who fell asleep at the wheel after a disturbed night's sleep while wild camping.
Alan Lockey was tired after a night under a tarpaulin in The Cheviots, in Northumberland, but took the fateful decision to drive home. Despite having his air conditioning on maximum to try to keep himself awake, he dozed off and veered into the path of 76-year-old David Henderson's car, killing him and leaving his dog so badly injured she had to be put down.
Lockey, himself a grandad, was originally charged with causing death by dangerous driving but prosecutors accepted his plea to the lesser charge of causing death by careless driving. He has now been jailed for nine months at Newcastle Crown Court and was banned from driving for two years.
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The court heard Lockey had been wild camping in The Cheviots with two friends the night before the fatal collision occurred on the A697, north of Morpeth, at 10.54am on September 5 2020. Text messages indicated he regretted using a "tarp" as it was "windy as hell". He also texted that morning: "I didn't have my tent, went with with the lightweight approach. Wrong decision."
Judge Edward Bindloss said: "Sometime thereafter you decided to drive home 20 or 30 miles from the site in the Cheviots. It's clear to this court you had a bad night in the wind with lightweight equipment that did effect your sleep."
Lockey, 62, of North Shields, was driving a Ford C-Max while Mr Henderson, of Blyth, was heading north in a Renault Clio. The judge said: "When you fell asleep at the wheel your car veered from its path into a head-on collision with the Renault. Mr Henderson died as a result of the injuries he suffered following the collision.
"It was a straight road and you were driving below the speed limit. You rose early, you were not in a fit state to be driving by the time you reached the point of the collision.
"Falling asleep at the wheel carries a significant risk of harm. The risks of driving when tired are well known. There was no reason for you not to stop, rest, have a cup of coffee, take your time, refresh. You didn't need to pick up your granddaughter until 4pm.
"The cold air was turned up to maximum to blow on your face. In my judgement, you took the decision to drive when you knew you were tired. You were fighting that tiredness and were blowing the cold air onto your face.
"It was the wrong decision and it had the fatal consequences that it did."
Lockey, who had originally suggested he'd had an epileptic seizure immediately before the collision, pleaded guilty on the basis that he experienced a "micro sleep". David Comb, prosecuting, said: "The prosecution inference is he was extremely tired from wild camping in The Cheviots."
Mr Henderson's wife, Pat, said in a victim impact statement Mr Henderson was a fit, healthy and active man who adored his family and was kind, caring and funny with a "zest for life". He had many hobbies, including being a member of a motorcycling club and he was also an advanced cyclist and enjoyed hill walking, yoga, Zumba, swimming and photography.
Mrs Henderson said: "He had so much planned to look forward to. The irony of how he died is heartbreaking. He was a mechanic and kept his car in perfect condition. He died in a way he tried to ensure none of us did.
"It was our granddaughter's 12th birthday on the day he died and he was so looking forward to seeing her."
His son, Paul Henderson, added that his dad was not like a "typical 76-year-old". He added: "His quote was 'I'm going to live 'til 100' and he might well have done but for Alan Lockey.
"I still don't have closure. My feelings range between confusion and anger. He was a loving and honourable man. His neighbours lined the streets to pay their respects."
His granddaughter, Abigail Henderson, said: "My sister's birthday will always be the day our grandad was killed. His death has affected all of our driving, with my confidence being knocked. I passed my test the day before he was killed."
Her sister, Megan, who turned 12 on the day he died, added: "None of us got to say goodbye to him. He came to our house the day before to drop my cards and present off but I was out with my friends so never seen him.
"I loved my grandad so much. He was really funny and always played. One time I even painted his nails and he forget and went out with them painted. I miss grandad every single day."
Judge Bindloss said the family had made criticisms in their statements which he was not able to take into account. This included criticism of the prosecution's decision to accept the lesser charge, criticism of the legal system and of Lockey's defence.
The court heard Lockey is married with three children and two grandchildren and worked as an operative in a factory. His barrister said has no previous convictions and no history of bad driving, the crash has affected his psychological wellbeing and he is remorseful. He added that Lockey's mother died in a similar collision 30 years ago.
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