Thomas Gibson was inhaling nitrous oxide when he lost control of his car and killed 79-year-old Edward Hickey
A teenager killed a 79-year-old man when he lost control of his car, having been inhaling nitrous oxide from a balloon while driving. Thomas Gibson ploughed his vehicle into Edward Hickey and his nephew, moments after the two men had left the pub where they had been watching a Liverpool FC game on TV.
The then 18-year-old driver had only passed his test weeks beforehand. He was said to have spent the day huffing NOS with friends at the beach prior to the fatal collision, in which he left his victims with "no chance of getting out of the way".
Liverpool Crown Court heard today, Friday, that Mr Hickey, who was known as Ted, and his nephew Steven Hickey were walking along South Road in Waterloo shortly 10pm on October 29 2022, having earlier watched LFC's 2-1 defeat to Leeds United on the television in the Old Bank pub. The two briefly stopped on the pavement in order to discuss which bus the pensioner would take home, at which stage his younger relative recalled "hearing a revving engine" and seeing Gibson's Ford Fiesta travelling directly towards them.
Jonathan Rogers, prosecuting, outlined how Ted had his back to the car and was "hit head on" from behind, with Steven also being struck and "thrown to the side". The vehicle was said to have been "travelling far in excess" of 20 and 30mph speed limits prior to the collision, having turned left from Brighton Road and lost control around the bend before careering into the pedestrians near to a bus stop.
Witnesses described Gibson's car "fishtailing" and swerving from side to side prior to the crash, only coming to a stop after smashing into a planter. He was seen with a yellow balloon in his right hand immediately beforehand as he apparently inhaled nitrous oxide behind the wheel.
The now 20-year-old, of Haven Road in Fazakerley, was said to have dropped this object as he navigated the corner, losing control of his vehicle as he attempted to regain possession of the item. The same member of the public who witnessed this occurring also recalled seeing Ted "appearing happy, with a smile on his face" as the widower left the pub minutes earlier.
Edward Hickey died aged 79 after being hit by a car on South Road in Waterloo
Edward Hickey died aged 79 after being hit by a car on South Road in Waterloo
Edward Hickey died aged 79 after being hit by a car on South Road in Waterloo(Image: Merseyside Police)
Several bystanders were seen rushing across the road to his aid in the aftermath, thereafter administering CPR and preventing Gibson from exiting his car. Police officers subsequently found several NOS cannisters stashed in the plant pot and discovered a number of balloons, which he had purchased from the Co-op store on Brighton Road around half an hour previously, on the defendant's person.
The teen later failed an impairment test, having appeared "glazed and spaced out". Upon his arrest, he told PCs: "I was just coming round there, and as I came round there the whole car's wheels kept spinning and it wouldn't stop."
Ted, who was thrown over the bonnet as a result of the impact, was pronounced dead at the scene after sustaining "massive blunt force trauma to his head", including a fractured skull and "widespread haemorrhaging" on his brain. Steven meanwhile suffered "minor injuries" to his hand, but has been left with suspected post-traumatic stress disorder.
Gibson has no previous convictions. Damian Nolan, defending, told the court: "Nothing that I am about to say on behalf of Mr Gibson is an attempt at seeking to minimise or undermine the impact that this tragic death has had upon Ted and his family. What he took while driving clearly had a sufficient impact on him to mount the kerb, not apply the brakes and cause the collision which killed Ted and injured Mr Hickey.
"There are aspects which will allow the court to say that he is of previous positive good character. Those who know him well have taken the time to set that out in writing. Your honour will be aware how highly regarded he was in his employment.
"He was approaching the conclusion of a four-year apprenticeship. That is inevitably going to come to an end today. All of that hard work and effort is going to be paused for a significant period of time. His offending is obviously going to have an impact on him. It is quite separate and not comparable to the impact on Ted and his family.
"He was four weeks beyond his 18th birthday. He has had this matter hanging over him for a number of years. It has inevitably taken its toll. One of the references was from his partner. The strain of these proceedings has meant, in effect, that this relationship has come to an end. He is still, at the age of 20, immature."
Gibson admitted causing death by dangerous driving. Appearing in the dock wearing a white shirt, he sat with his arms throughout the hearing before being jailed for four-and-a-half years.
Thomas Gibson
Thomas Gibson(Image: Merseyside Police)
Sentencing, Judge Anil Murray said: "You are described in references as being a bright and able young person. You lost control of your car because you were taking nitrous oxide while you were driving and mounted the pavement, causing the collision.
"Ted Hickey had been through a difficult time. He was taking steps to rebuild his life. He was loved by his friends, family and neighbours. He was making plans to celebrate Christmas and his 80th birthday. He was the last of his generation alive in the family.
"You had passed your driving test about three weeks earlier. You accept going to the beach earlier and taking nitrous oxide. You went to the shop to buy balloons for that purpose, and now accept that you were taking nitrous oxide in the car. They had no chance of getting out of the way. You hit him square on. You were travelling well in excess of the limit.
"Mr Nolan rightly says that you were young. You are an intelligent person. You are in work. There has been a delay here. You are described as polite and respectful. You say that you are devastated by your behaviour and deeply remorseful. You have stopped using substances, including alcohol.
"I am afraid that there are offences which are so serious that there is no alternative to immediate imprisonment. This is one of them, and you know that."
Gibson was also banned from driving for seven years and three months, and will be required to pass an extended retest before he is allowed back on the roads. One of his supporters in the public gallery was seen wiping tears away with a tissue as she left the courtroom.
Detective Sergeant Andy Roper, lead investigating officer from Merseyside Police's serious collision investigation unit, said following the sentencing: "This is an extremely sad case whereby, Mr Hickey was enjoying an evening with his nephew, who only by good fortune has survived this incident but is burdened by the memories of what he has had to witness. Their night was ruined by the selfish and dangerous decisions made by Gibson. Our thoughts, sympathies and support very much remain with the family of Mr Hickey." This has been a long and complicated investigation, requiring considerable expert research and reports from pharmacologists into the effects of nitrous oxide. This drug, which has been a banned class C drug since November 2023, is becoming increasingly popular, and we are seeing the use of it as a trending factor in incidents.
"Its effects can have a huge impact on the ability of a person to drive, with experts in this case confirming it is most likely that nitrous oxide causes a similar level of dissociative impairment as ketamine. Both drugs have been shown to impair cognitive and psychomotor functions required in driving a vehicle.
"Gibson purchased the balloons moments before getting into his car and with the intention of using them to take the drug. His conscious decision to combine the taking of the drug whilst driving his vehicle was selfish, extremely dangerous and led to the needless death of Mr Hickey.
"This was an entirely preventable collision where the decisions made by Gibson have left the family and friends of Mr Hickey devastated, and it has resulted life changing consequences to his own life that he will likely regret for a long time. I would like to take this opportunity to thank all the members of public who ran to help the two gentleman and also helped to detain Gibson. Their assistance was absolutely critical to our investigation.
"I hope that today's sentence will go some way to highlighting the real dangers of nitrous oxide when you are intending to drive and show that, in Merseyside, this will not be tolerated. We will do everything possible to deal with anyone found misusing the privilege of being able to drive. As a relatively new trend, nitrous oxide is often not seen to pose the same dangers as other recreational drugs, but this case shows the stark reality."