Drunk driver found guilty of hit-and-run death in Tottenham
Javier Salazar, 40, killed 62-year old pedestrian Derek Kernan in June 2022
A drunk hit-and-run driver who mowed down a 62-year-old pedestrian in Tottenham while speeding on the wrong side of the road has been found guilty of causing death by dangerous driving.
Javier Salazar, 40, had been drinking beer, tequila and wine at a party before he got behind the wheel of his van on the night of Saturday June 26 2022.
He had already reversed into a tipper truck before he struck Derek Kernan as he crossed Northumberland Park Road, the Old Bailey was told.
Salazar denied wrongdoing, claiming he had been fleeing for his life after being pursued, threatened and attacked by the occupants of the tipper truck.
The prosecution disputed his version of events and asserted he had driven off to avoid giving his details after the initial collision.
A jury at the Old Bailey deliberated for three hours and 40 minutes on Friday to find Salazar guilty of causing Mr Kernan's death by dangerous driving.
"The impact caused Mr Kernan to be thrown into the air and deposited further down the road"
The trial had heard how Mr Kernan had just got off a bus on his way home and had nearly reached the other side of Northumberland Road when he was stuck by the defendant's van, which was speeding on the 20mph street.
Prosecutor Dickon Reid had said: "The impact caused Mr Kernan to be thrown into the air and deposited further down the road on the pavement outside a food-and-wine shop."
Police and paramedics arrived but Mr Kernan had suffered catastrophic head injuries and died at the scene.
Mr Reid said: "The Peugeot van was being driven by this defendant, Mr Salazar, who was driving when he was significantly over the drink-drive alcohol limit, on the wrong side of the road, well over the speed limit.
"He also failed to stop at the scene of the incident despite the victim being hit with significant force and being thrown some distance across the road.
"It appears Mr Salazar already had a dispute with another vehicle, a white tipper truck."
CCTV had captured the tipper truck following past the scene of the collision some 19 seconds after the defendant's van.
A member of the public flagged down police to direct them to the Peugeot van, which had been abandoned in a road about 500 metres away.
Mr Reid said the vehicle had a flat tyre and there were signs of damage, including a shattered windscreen.
Salazar, who was with a woman and her 14-year-old son, confirmed to police that the van was his.
When asked who was behind the wheel, the defendant told them in Spanish: "Don't tell them I was driving."
Salazar smelled strongly of alcohol and that when he was told the man had died, had appeared "nonplussed" and replied: "Okay."
Following Salazar's arrest, a breath test found that the defendant was more than two-and-a-half times over the drink-drive limit, Mr Reid said.
The prosecutor asserted the defendant's driving fell far below what would be expected of a competent and careful driver.
Evidence from Javier Salazar
Giving evidence, married father-of-three Salazar said he bought the van to open a cleaning company.
On the day of the accident, he had been helping a female friend who invited him to a party where he drank beer, tequila and wine on an empty stomach.
Asked why he drove the woman and her son despite being over the limit, he said: "Because I wanted to give them a lift and get to sleep."
On how he felt about the death of an "innocent man", he said: "I feel really bad. I have my own family and it would be very painful if that happened. I am really sorry for everything that has happened."
He told jurors that when he drove to the woman's house, a man started screaming at him, making him panic and "very frightened".
The defendant said the man came level with his open window and threatened and swore at him, and hit him after saying: "I want to smash your face - you have to get out."
As he drove away, the man followed him, Salazar told jurors: "I was running for my life. It was fast."
He said he was on the wrong side of the road because the other man was driving "quite close" behind in the tipper truck.
He claimed the passenger in the tipper truck struck him twice, causing him to "really panic", although the 14-year-old boy had said the dispute was with the driver alone.
The defendant said: "I thought he was going to kill me. I was going to die in that moment."
Salazar, of Chadwell Heath, east London, said he managed to drive off but did not remember hitting Mr Kernan.
Following the guilty verdict, Judge Alexia Durran disqualified Salazar from driving and remanded him in custody.
She adjourned sentencing until 2pm on Wednesday July 31, saying the likely jail term would likely be "marked in double figures".