A driver who killed a nine-year-old boy, while driving at twice the speed limit, fled the scene of the incident and then went on a drugs and drink binge has been sentenced to five years in prison and disqualified for driving for 20 years.
Sergee Kelly, of Upper Mullaghmore, Co Sligo, pleaded guilty to dangerous driving causing the death of Ronan Wilson on 23 September 2023 at Atlantic Way, Bundoran, Co Donegal.
The 24-year-old also pleaded guilty to failing to stop, failing to offer assistance and failing to remain at the scene of the incident in which the young boy from Kildress, Co Tyrone, died.
Kelly was driving at speeds of between 105km/h and 110km/h in a 50km/h zone before the car he was driving struck Ronan, who was walking with two other children at Atlantic Way, on the date in question.
The car struck Ronan with such force that he was moved 58 metres from the point of impact.
The court heard Kelly walked back into Bundoran to meet friends following the incident, visited a number of pubs, went to an amusement arcade, drank alcohol, took cocaine and then later took a taxi home.
Judge John Aylmer said the most serious offence was dangerous driving causing the death of a nine-year-old child.
The judge said had Kelly been travelling within the speed limit, there would have been a very good chance Ronan would have escaped without significant injury.
Judge Aylmer said Kelly was "driving at somewhere between 105-100km/h in a 50km/h zone in Bundoran in month of September, very much a holiday town where children can be expected to cross the road, where Ronan was getting himself an ice pop".
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"This was a horrific speed to be travelling on [a] September evening" and it "gave the child no chance," Judge Aylmer said.
He told Kelly: "You have expressed remorse. I accept you are remorseful, and you do think about this on a daily basis ... and you will for the rest of your life in all probability."
The court was told Kelly's family adopted him from Belarus and that he had been diagnosed with ADHD from an early age.
Judge Alymer told Kelly he "had been adopted by a wonderful family" and noted "they were probably his most positive influence".
The judge remarked on Kelly's history of ADHD and said it provides nothing substantial in terms of mitigation as it was given consideration during a previous matter.
Kelly was arrested the day after the incident, and he was brought to Ballyshannon Garda Station for questioning.
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A blood sample was taken 17 hours after the collision which showed a positive reading for cocaine.
Kelly tendered signed pleas of guilty to four offences under the Road Traffic Act, including dangerous driving causing death, failing to remain at the scene or to offer assistance to the boy.
The court heard if Kelly had been travelling at the required speed limit, he would have had at least two seconds to respond to the presence of a pedestrian.
Barrister for the prosecution Fiona Crawford BL said a report on Kelly's vehicle was carried out by Garda PSV Inspector Damian Mulkearns.
The report showed the windscreen and front side windows of the Skoda were tinted below the 65% legal threshold, which would have restricted the driver's view to restricted light transparency levels.
The driver's seat was also reclined to such an extent that his vision would have been greatly reduced and that he was barely able to hold the steering wheel.
'Everything changed irrevocably'
Victim impact statements on behalf of a number of family members were read out in court earlier this week, including statements from Ronan’s parents, his aunt and his grandmother.
Ronan's mother Emma told how her family's life was idyllic until that moment and that everything changed irrevocably.
She told of rushing to her son and just lying down beside him and holding his hand on the road after he had been struck.
She said, now, instead of buying gifts for Ronan on his birthday and at Christmas, they buy gifts for his grave instead.
Ronan's aunt Shannon told the court how 'Roro' would give you his last slice of pizza even if he was still hungry, such was his kindness.
"Ronan should be with us," she said, adding they need justice and that she will never see him have a girlfriend or pass his driving test.
Ronan's grandmother Imelda McCauley said her life was "shattered beyond belief" after her grandson's death.
She recalled how Ronan had the heartiest of laughs and would always share his money with his cousin Willow when the family came to Ballycastle.
She described what the entire family are going through as a nightmare, adding: "I ask what justice can there be for the life of our beautiful wee grandson?"
Apology in court
Kelly took to the witness stand last Tuesday where he apologised to Ronan's family.
He said he never "wanted any of this to happen".
He said he now has no real life of any kind and had an awful life but obviously it was not as awful as the life of the "wee boy's" family.
He would most likely have to move away and that he was taking medication and anti-depressants and could not sleep.
He had two previous convictions.
In 2019, Kelly was given a four-year jail sentence for a serious assault on a man in 2017, with the last two years of the sentence suspended.
In April 2021, he was fined €2,000 after being caught speeding at 160km/h.
