Man found guilty of killing girlfriend in crash with bin wagon in Parr

As previously reported by the Star, a white Ford Fiesta crashed head-on with a St Helens Council bin wagon at around 7am on Wednesday, July 5, last year at the junction of Broad Oak Road and Delta Road in Parr. 

Kevin Marsh, 43, had pleaded guilty to death by careless driving while under the influence of drink or drugs, as his girlfriend and passenger in the vehicle, Michelle Atherton, was killed after suffering serious injuries to her head and chest.

Marsh, of Gaskell Street in Parr, pleaded not guilty to the more serious charge of causing death by dangerous driving, and claimed that his girlfriend grabbed the wheel and turned the car into the path of the wagon.

Following a six-day trial at Liverpool Crown Court, the jury returned a unanimous verdict that Marsh was guilty of causing death by dangerous driving, with the 43-year-old dad set to be sentenced tomorrow morning.

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Drunk driver claimed girlfriend caused collision

Police presence at the scene on Broad Oak Road (Image: St Helens Star)
In the final day of the court case today (Wednesday, January 10), the jury of four men and eight women were reminded of the evidence and events leading up to the fatal collision.

It was said that Marsh and Ms Atherton had both been intoxicated with alcohol and cocaine, with Marsh also admitting to having a cannabis joint.

Blood toxicology reports showed that Ms Atherton also had prescription anti-psychotic medication in her system, something which Marsh claimed she had not taken.

After an alleged argument about Marsh's ex-girlfriend Gemma Bainbridge, he claimed that Ms Atherton grabbed a hammer and demanded to go to her house in the early hours of July 5.

Marsh says he was concerned that his daughter was in the house so reluctantly drove Ms Atherton to Ms Bainbridge's house, where she allegedly left the vehicle and smashed a window on her front door.

Marsh was also not insured to drive the Fiesta and despite his night of drinking and the wet conditions, he claimed that he felt fit to drive as he stopping drinking between 1am and 2am.

On the way back home, the driver claimed that Ms Atherton began "screaming at me and told me to put my foot down" because “she thought she was being followed”.

Defended by Steven Ball, Marsh stated that this is what caused him to drive in excess of 50mph in a 30mph area.

After narrowly avoiding a collision with a van, he claimed that Ms Atherton grabbed the steering wheel which drove the Fiesta into the path of the oncoming bin wagon.

'Staggering' driver claimed he had been set up

The police scene at Broad Oak Road (Image: St Helens Star)
After the collision, Judge Aubrey summarised several witness statements that said Marsh was "staggering", "stumbling", and "looked like he had been drinking".

Marsh also told people at the scene that the Fiesta was not his car and he "didn't know what it was doing there".

He further alleged that he was a pedestrian and that he had been "jumped on" and was being set up, and also tried to call a taxi to leave the scene.

A roadside breath test showed that the driver had 58 micrograms of alcohol per 100ml of breath, over the limit of 35.

Further reports showed that his blood to alcohol level was more than double the limit, and he also tested positive for cocaine and cannabis.

Marsh later claimed that he was concussed and "can't explain why [he] said what [he] did" after the collision as he "felt like [he] was having a heart attack".

His defence also stated that Michelle Atherton was "emotionally unstable” and had “a cocktail of alcohol, cocaine and medication in her system”, which led her to act "impulsively and unpredictably".

With this in mind, Mr Ball asked the jury how they could be so sure that sure that it was Marsh who turned the wheel, and that Ms Atherton did not interfere in the vehicle changing lanes.

Driver accused of telling 'lie after lie' in court

The trial concluded at Liverpool Crown Court on January 10 (Image: St Helens Star)
The prosecution, led by Arthur Gibson, disputed Marsh's version of events and said that he "knew exactly what he was doing" after the collision. He accused Marsh of "making [his story] up" and that he had told "lie after lie" in the courtroom.

As part of his closing statement, Mr Gibson said: "In relation to the crash itself, when you analyse it carefully, coldly and dispassionately, [it] shows that Kevin Marsh has given you a pack of lies.

"Marsh was driving too fast, he was drunk, he was drugged up and drove too close to the centre of the road”.

Mr Ball suggested that “perhaps Ms Atherton [was] frightened that they were so close to the lane […] grabbed that wheel but not to turn it to the right but to turn it to the left to pull it away”.

If this was the case, the prosecutor continued: "Marsh [then] reacted as everybody reacts when somebody does an involuntary movement towards them, he moves it the other way and turned it to the right.

“When you analyse the evidence carefully, you can reject his account that Michelle Atherton grabbed the steering wheel and turned it and caused the car to cross the road.

“It was the hands of Kevin Marsh that turned the steering wheel to the right and the hands of Kevin Marsh that caused that head-on collision and the death of Michelle Atherton.”

Defence a 'callous and dishonest attempt to blame the deceased'

Michelle, 47, died following her injuries in the collision (Image: Merseyside Police)
After the case was summarised to the jury, they returned three hours later to give a unanimous decision that Kevin Marsh was guilty of causing the death of Michelle Atherton by dangerous driving.

Speaking to Marsh, who had his head bowed after the verdict, Judge Aubrey said: "I am satisfied that Michelle Atherton did not grab the steering wheel of the Ford Fiesta and did not make any attempt to do so.

"I am satisfied in my opinion that your defence was a callous and dishonest attempt to blame the deceased and that she had contributed to her own death.

"I am satisfied that you are the person responsible for her death."

The judge will consider any mitigating circumstances and sentence the 43-year-old tomorrow morning (January 11), with death by dangerous driving containing a maximum sentence of life in prison.