Driver spared jail after running over man punched into the road by teenager
It happened outside McDonald's in Ashton-under-Lyne in July 2016.
A medic has walked free from court after he ran over and killed a father-of-four who moments earlier had been punched into the road by a 16-year-old boy.
Bradley Moore, 43, was targeted in McDonald's in Ashton-under-Lyne, Greater Manchester, by a gang of youths who then left him in the road after he was floored by his teenage assailant.
Jonathan Carter, an off-duty community mobile first responder, came out of the restaurant on the evening of July 27 last year and twice ran over Mr Moore after he was distracted following a text row with his girlfriend.
Carter, 45, drove off without even realising he had struck Mr Moore, who died in hospital in the early hours of the following day.
He later could give no explanation as to why he did not see Mr Moore lying prone in the road.
In January, a jury at Manchester Crown Court found Carter guilty of causing death by careless driving and the youth guilty of manslaughter after he had left the deceased at serious risk of harm.
Sentencing the pair on Monday, Mr Justice Turner detained the youth - who cannot be named for legal reasons - for five years but said there was no public interest in jailing his older co-defendant.
He told the youth: You did not murder Bradley Moore but you did kill him as a result of your violent and criminal act.
You punched him so hard that he fell into the road where he remained long enough to be run over by by your co-defendant.''
The punch was the culmination of a long period of bullying behaviour'' in McDonald's by the boy and his friends toa solitary alcoholic'' who posed no threat to them, the court heard.
Mr Justice Turner added: Your intention I find, and I am sure, was to mark out your territory and you throughout were intimidating him because you thought he was intruding on that territory and you were hoping to frighten him away.
The force of your blow was sufficient to knock Bradley Moore off his feet. He fell into the road ... you made no attempt to help him after you floored him. You simply left him where he had fallen.''
The 16-year-old had seven previous convictions, including offences of robbery and burglary.
In contrast, the judge said, Carter had no previous convictions and was someone who had made a positive contribution to society''.
Gary Woodhall, defending Carter, said his client had spent the vast majority of his working life helping people in need.
The barrister said: His instruction were always that Mr Moore is the first person he thinks about in the morning and the last person he thinks about when he goes to bed.''
Carter was receiving counselling for depression and had lost his job, he added.
Mr Justice Turner said there should be a strong distinction drawn between those drivers who see a risk and take it, and the sort of carelessness which is a result of of a serious lapse of attention.
He said: The public interest would not be served in sending you to prison, bearing in mind this was not a deliberate risk.''
Carter, of Dukinfield, was sentenced to nine months in custody, suspended for two years, and was banned from driving for two years.