‘He is not evil, he is not a bad person. He made a terrible, terrible error,’ the prosecution said
16:09, 20 Nov 2025Updated 17:14, 20 Nov 2025
Ryan Birtles, who was killed in the motorcycle collision(Image: SUBMITTED)
An inexperienced young BMW driver who killed an expectant father from Derby in a crash has been jailed for eight months.
Louie Higton “made a terrible, terrible error” of misjudgement when he pulled out of a junction at Breadsall, killing Ryan Birtles instantly, Derby Crown Court heard.
The 24-year-old up-and-coming tattooist was on his way to work on his motorcycle when he was involved in a collision with the 118 Sport being driven by the defendant.
And in an impact statement, one of the victim’s sisters told how “the reckless actions of the defendant have shattered our entire family”.
Judge Martin Hurst said: “I conclude that Ryan was not speeding at the time of the collision.
“There was no evidence of him braking or swerving so I conclude that you pulled out straight in front of him and he had no opportunity to stop.
“Ryan Birtles tragically died at the scene. The rules of the road are clear – look right, look left, look right again – I suspect you did not do the last one.
“You are to blame for Ryan’s death and he bears no responsibility. He now has a daughter he has never met.”
Prosecutor David Eager, opening the trial in late September, said the emergency services were called to the junction of the A608 and Brookside Road, at Breadsall Hilltop, at around 10am on June 13, 2023.
He told the jury: “I am going to be fair to this young man. He did not set out that day to kill anyone.
“He is not evil, he is not a bad person. He made a terrible, terrible error.
“You may have sympathy with this young man and that’s not wrong.
“But the crown says his decision to pull out was careless and resulted in the death of Ryan Birtles.”
Higton, 25, of Wirksworth, who has never been in trouble with the police or courts before, initially denied a single charge of causing Mr Birtles’ death through careless driving.
But partway through the trial he changed his previously not guilty plea to guilty.
Family members of both the victim and the defendant packed into court for this week’s sentencing hearing, which was heard in Chesterfield.
Mr Eager said on the day of the incident Mr Birtles was riding away from Derby following two vehicles.
He said: “He was about eight to ten seconds behind them, around 500m, and was catching up with them.
“Those two vehicles came to that junction where the defendant was waiting to pull out and moved to turn left.
“Mr Birtles went on their offside, the driver’s side, to overtake them and, it seems to some extent, must have accelerated, and the defendant, who had only been driving for a few months, made a fatal decision and pulled out knowing there was a motorbike coming towards him.
“If he had waited 10 seconds for the motorbike to pass, none of us would be here.
“Ryan Birtles would be here, Ryan Birtles would be with his family and young daughter.
“But he (Higton) made that fatal decision. ‘I can nip out before that bike gets to me.’ But he could not. It was not safe to do so.”
Mr Birtles’ sister Eliza read out a victim impact statement.
In it she said: “Ryan brought joy and happiness to everyone around him and the pain of losing Ryan has been unbearable. Our daily lives have been shattered.
“The collective trauma has been all-consuming. His daughter entered this world without her father’s presence.
“She will grow up without the unwavering support only a father can give.”
In a statement read to the court by Mr Eager, Rhian Sparkes, the victim’s partner, said she gave birth to their daughter, Iris, on October 5, 2023, four months after the fatal collision.
She said: “Ryan was a genuinely great human being. He would have been a fantastic dad.
“All I can do is show her videos of him. The hardest thing I could do is bring her into this world alone. I will never stop loving Ryan.”
Harry Bowyer, mitigating, said his client, of Pittywood Road, “has always shown regret that Ryan Birtles was killed”.
He said: “This is one of those cases which is a misjudgement of a situation in the moment.
“He did not leave the scene of the offence and there is understanding of the damage he has caused.
“What you are dealing with today is a man who was 22 at the time who misjudged a junction he was pulling out of.”
As well as the jail term, the judge disqualified Higton from driving for two years and four months.
