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The music was pumping in the car as Thomas Henry May drove his friends into Hamilton, overtaking a “few” cars along the way before losing control at up to 176km/h, rolling into a fence and killing his mate.
Passenger Kyle Anthony Ross wasn’t wearing a seatbelt and the 21-year-old died at the scene after being partially ejected from the car.
May, who had been drinking and had not eaten much that day, and his other passengers only received minor injuries but were taken to Waikato Hospital in an ambulance, during which time the then 19-year-old was seen slipping his car keys to his passenger.
When questioned by police, he initially denied being the driver, but about five days later confessed to officers after they visited him at home.
The crash happened on State Highway 1B on February 25, 2021 – nearly four years ago to the day that May was sentenced in the Hamilton District Court on a charge of reckless driving causing Ross’ death.
May’s counsel, David Allan, successfully asked Judge Denise Clark to avoid handing down a home detention sentence and instead pushed for a combination of community detention and supervision so the young arborist could continue to work.
‘Awake for 17 hours’
May had been travelling to and from his home in Matangi to South Auckland for work every day, as he was employed by a Drury-based company.
On the morning of the crash, he left home between 5.40am and 6.30am to start work at 7.30am.
He worked a full day in the sun with only a few short breaks and the only food he had was a pie at some stage in between jobs.
After work, May went to a pub in Drury and had drinks with friends and workmates.
Ross, who was from Te Awamutu, had also travelled to Drury to socialise and drink.
At some point, May, Ross and two others decided to leave and head to bars in Hamilton.
They got into Ross’s Honda and May later told police that while they were on State Highway 1B, everyone in the car was “jamming” to the music that was playing and he overtook a “few” cars along the way.
It was on a sweeping right-hand curve – a few hundred metres north of the Gordonton township – that he lost control, over-corrected his steering and sent the vehicle across the centre line, through a fence and into a paddock at speed.
The car then “rolled and tumbled” several times before coming to a stop upside down on top of the fence of a nearby driveway.
Ross, who was in the front seat, was partially ejected from the car and died at the scene. May and the other two occupants suffered only minor injuries but showed “clear signs of intoxication”.
When questioned by police at the hospital, May said it was the rear-seat passenger who was the driver – who he had been earlier seen passing his keys to in the ambulance.
May also refused to tell police Ross’s last name, resulting in a delay in officers being able to inform next-of-kin. Instead, identification was done via fingerprints and family were not notified until eight hours after the crash.
May also returned a blood alcohol level of 75mlg, significantly higher than the zero limit he was subjected to at the time, given he was under 20.
Matangi man Thomas Henry May, 23, leaves the Hamilton District Court after sentencing on a charge of reckless driving causing the death of Te Awamutu man Kyle Ross four years ago. Photo / Belinda Feek
An investigation by Serious Crash Unit analyst Senior Constable Ian Cornelius found alcohol, speed – May was travelling between 153kph and 176kph when he lost control – fatigue (having been awake for 17 hours) and distraction due to “stimuli and activity inside the Honda” as contributing factors for the crash.
When later interviewed by police, May admitted drinking Jack Daniels whiskey and coke at the pub and driving despite knowing he was on a zero-alcohol licence.
‘He’s clearly affected by the loss he’s caused'
Counsel David Allan noted the crash report’s finding that “in particular the over-correction while travelling at excessive speed, which was causative of the crash”.
May was also an “emerging adult” at the time but still was now, being 23 years old.
In the time since pleading guilty, May had completed a Young Adult plan, an advanced driving skills programme and the Right Track programme, a driving-related programme for young at-risk drivers and offenders.
He had also attended a restorative justice conference with Ross’ mother.
Given everything he’d done, Allan urged the judge to consider a community-detention and intensive supervision sentence so that he could continue working as an arborist.
His client had also offered to donate $1000 to the Educate Trust, which operates the Right Track programme.
Allan explained when his client first spoke to police about the crash he was in a state of shock, and denied being the driver, but admitted his actions during a formal interview five days later.
“The remorse is absolutely genuine. The probation report states he was tearful and that he needed a break during his interview.
“He’s a hard-working young person and is clearly affected by the loss he has caused.
“It really is a great tragedy that his friend died and that was a consequence of his actions.”
‘It’s clear you are truly remorseful’
Judge Clark said it was “fortunate” that the three survivors were not more seriously injured.
She also noted Ross wasn’t wearing a seatbelt and that there had been requests for him to put it on during the trip.
The judge remarked on music being a contributory factor, which was denied by Allan, and labelled it as “speculative” for playing any role.
She agreed that it was May’s state of shock that he initially denied responsibility.
For various reasons, Ross and his mother had not been in recent contact before he died, which had added to her grief, however, the restorative justice conference had been “positive”.
