'Appalling' driver who ran over and killed his neighbour's only son, five, after complaining about children playing in his drive is jailed for two years 

  • David Cowell, 42, ran over Riley Ferguson, causing horrific head injuries
  • Cowell was warning girl, 10, about playing on his drive when he hit Riley 
  • Cowell, from Milton Keynes, was convicted of death by careless driving 

Riley Ferguson, five, died after being knocked down by neighbour David Cowell

Riley Ferguson, five, died after being knocked down by neighbour David Cowell

A motorist who was ‘sick and tired’ of children playing on his drive was jailed yesterday for crushing a five-year-old boy as he parked.

David Cowell, 42, was trying to scare an older girl away in his car and did not see Riley Ferguson, who died after suffering head and neck injuries in the horrific incident.

Riley, who loved golf and swimming, had been playing on the shared drive in Milton Keynes, Buckinghamshire, when he was run over in June last year.

He was taken to John Radcliffe Hospital in Oxford before being moved to a hospice, where he died four days later on June 11.

Cowell had denied a charge of causing death by careless driving, but was convicted by a majority verdict at Aylesbury Crown Court in Buckinghamshire. Sitting in the dock wearing a grey suit and tie, he wept as he was jailed for two years for his ‘appalling driving’. 

Judge Frances Sheridan said: ‘It is my view that the defendant wanted to make a point to the girl, he was focusing on her, trying to get as close to her as possible.

‘Because of that he came close to her and was not looking out for Riley who was there to be seen. He wanted to make a point to say “get off my drive”.’

The judge added: ‘He couldn’t have been closer to the other child without actually knocking her over – that’s a clue...

Cowell knocked down Riley while trying to scare a 10-year-old girl off his drive

Cowell knocked down Riley while trying to scare a 10-year-old girl off his drive

‘[Riley’s] life was snuffed out by this piece of appalling driving, and it was appalling driving.’

The trial heard descriptions of the incident from the girl, aged ten, who cannot be named for legal reasons.

She described how ‘our nextdoor neighbour was driving down the hill and he didn’t see Riley but he saw me because I was standing up’. She added: ‘Riley was sitting down. He went over Riley. He got out the car and put Riley on the grass.

‘His mum was screaming and Riley was bleeding out of his face and nose. His dad carried him over to his front lawn and he wasn’t breathing.’

Prosecutor Alan Blake told the court how the incident had affected Riley’s family and the young girl. He said: ‘The girl has told her mother, “it should have been me”, she has found it very upsetting and has recurring dreams about what happened.’

Riley’s parents, Grazyna and Barry Ferguson, were in court to see Cowell sentenced, and read out a victim impact statement.

Fighting back tears, Mrs Ferguson read a letter to her son, in which she said: ‘You touched ours and so many hearts with your infectious smile and personality.

Neighbours: Children regularly played and left toys on the driveway

Neighbours: Children regularly played and left toys on the driveway

Riley's mother Grazyna (pictured with his father Barry) described her son as having an 'infectious smile and personality'

Riley's mother Grazyna (pictured with his father Barry) described her son as having an 'infectious smile and personality'

‘We are so proud and privileged to be your parents, you will stay with us for ever.’

Speaking outside court after the sentencing, Mr Ferguson said: ‘It has been very difficult, it has never been about a custodial sentence... It was more for the ownership of the driver that he has done something wrong from the very beginning.’

He added: ‘To us it was about respect for our Riley so he can lay in peace and the guy to actually own up to what he has done, that is all we wanted. We hope nobody goes through this themselves.’

His wife read out a list of words that Riley’s classmates chose to describe him at a memorial service, including ‘very kind’, ‘liked to ask questions’, ‘friendly’, ‘clever’ and ‘sporty’.

Neighbours said Riley’s bedroom has been left unchanged, with his Buzz Lightyear toys still in view in the window. Mitigating for Cowell, Shaun Esprit said: ‘My client has shown genuine remorse and will have to live with the repercussions for the rest of his life.’

'Appaling driver' Cowell, 42, failed to spot Riley  outside his home on this road in Milton Keynes

'Appaling driver' Cowell, 42, failed to spot Riley outside his home on this road in Milton Keynes

'NOTHING IS GOING TO BRING OUR BOY BACK', SAYS MOTHER 

Riley's devastated mother Grazyna said David Cowell's jail sentence brings her family no comfort.

She said: 'Nothing is going to bring our boy back.

'No custodial sentence, no trial, nothing.  This could have been avoided if the acceptance at the beginning for his actions had been admitted, we wouldn't have to be here speaking to you guys.'

Her husband and Riley's father, Barry added: 'It has been very difficult. It has never been about a custodial sentence as my wife has said.

'It was more for the ownership of the driver that he has done something wrong from the very beginning.

'To us it was about respect for our Riley so he can lay in peace and for the guy to actually own up to what he has done - that is all we wanted.

'We haven't made any statements before because we are quite a private family and we just hope everyone out there understands what we have been through and we hope nobody goes through this themselves.' 

Mrs Ferguson read out a list of words Riley's classmates choose to describe him at a memorial service, which included 'very kind', 'liked to ask questions', 'friendly', 'clever', 'sporty' among many more.

Mrs Ferguson said: 'He was a character, a bright little character, the questions he came up with will stay with us until the next time we see him.'

Mr Ferguson said: 'He just wanted to have fun, he just wanted to play all the time, he wore us out on many occasions.'

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The court was told Cowell had two convictions for drink driving from 1998 and 1999 for which he was fined and disqualified for a year and 36 months respectively.

As well as his custodial sentence, Cowell was handed a driving ban of five years and two months.

Gavin Hernandez, prosecuting, said: ‘Cowell maintained that he did not see Riley and that he had conducted all reasonable observations. However, children regularly played and left their bikes and toys on the shared driveway. In fact, it was a source of concern and frustration to Cowell.’

He added: ‘This was not just a tragic accident, but a death caused by Cowell’s driving.’