Speeding driver killed young dad crossing road after undertaking car

Evan Davis accelerated before he struck and killed a young dad in July 2023.

Speeding driver killed young dad crossing road in Edinburgh after undertaking carSTV News

A speeding driver who accelerated before he struck and killed a young dad crossing a road has been told he faces a jail sentence.

Evan Davis increased the speed of his car from 53mph to more than 62mph in the four seconds before the vehicle collided with Stephen McGovern who was thrown into the air and fatally injured.

Footage of the incident at Calder Road, in Edinburgh, which had a 40mph speed limit was shown to a court and a judge told Davis: “I have seen the footage. It is quite shocking.”

Lord Arthurson told him that he had pleaded guilty to “a terrible crime” and said it was highly likely that Davis would have a custodial sentence imposed on him at a later sentencing hearing.

Davis, 22, of Bonnyrigg, in Midlothian, admitted causing the death of Mr McGovern, 21, on July 4 in 2023 by driving dangerously, when he appeared at the High Court in Edinburgh.

He drove on the stretch of road between the Bankhead and Sighthill roundabouts at excessive speed, passed vehicles on the left hand side and failed to observe the presence of Mr McGovern entering the roadway.   

Advocate depute David Dickson told the court that at the time of his death, café worker Mr McGovern may have been crossing to go for a bus at a stop on the other side of the road.

A van driver who was heading in the direction of the city bypass became aware of Davis’ car being driven at speed and it passed him in the nearside lane. 

The prosecutor said: “The driver described the accused approaching the bus lane after he had undertaken the van. The bus lane was not in operation at that time and therefore available to all vehicles.”

Mr Dickson said a grey Seat car was travelling in front of the van and Davis pulled back in between the two vehicles. He said: “The accused was then seen to drive his car at speed on the nearside lane and undertake the grey Seat.”

He said: “The driver of the Seat became aware of the deceased. He observed the deceased to jump over a fence in the central reservation.”

“The accused continued in the nearside lane as the grey Seat began to slow down, the driver of that car being aware of the deceased,” he said.

Mr Dickson said: “The deceased was observed to run into the road, hesitate and was then struck by the front offside wing of the accused’s car.”

“The deceased was thrown into the air and on colliding with the road would have died,” said the prosecutor. The victim sustained head, chest and neck injuries.

He told the court: “While it is not known, it may be the deceased observed a line of traffic, ran out in front of it thinking there were no cars in the nearside lane and he would be able to cross the road.”  

The advocate depute said calculations showed that Davis would have to have been driving at no more than 36mph to avoid a collision with Mr McGovern if he saw him when he first stepped onto the road.

After the collision at around 7am Davis got out of his car and phoned emergency services. He was taken to Livingston police station afterwards and officers saw he was visibly upset and he asked: “How am I going to live with this?”

Defence counsel John Scullion KC  said: “Mr Davis has asked me at this first calling of the case to apologise on his behalf to the family of Mr McGovern.”

He said: “He bitterly regrets driving as he did. He displays remorse for the tragic consequences of his actions.”

Lord Arthurson deferred sentence on Davis until August 1 at the High Court in Glasgow for the preparation of a  background report on him.

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