'Aggressive and impatient' senior US military officer stands trial over crash which left two Yorkshire schoolboys seriously hurt

The boys were walking to school along Yew Tree Lane in Harrogate last February when they were struck by a pick-up truck that had collided with two other cars and thrown into a wall.

Both were seriously injured, with one victim’s foot ‘degloved’ and the other suffering major leg fractures.

Colonel Benjamin Oakes, 46, denies driving without due care and attention and on Monday his trial began at York Magistrates Court.

The officer, of Tewitt Well Avenue, Harrogate, is believed to be based at RAF Menwith Hill near Harrogate, which has a large contingent of USAF personnel.

It is alleged that as Colonel Oakes was attempting to turn right out of the Ashville College exit, his Vauxhall Astra pulled out in front of a Ford Ranger. The Ranger driver then swerved and the vehicle struck both the boys as they walked along the path, propelling them into a wall.

Opening the case against Colonel Oakes, prosecutor Louise Berry said that he had behaved in an ‘aggressive and impatient’ manner and had failed to confirm that the road was clear before leaving the junction.

One of the schoolboy victims, giving evidence to the court, said the Astra had pulled out ‘too far’ before the collision, but that the Ford Ranger approached ‘quickly’ at a speed of around 30-35mph. It swerved after clipping both the Astra and another car waiting in the opposite carriageway. However, the boy said he had witnessed the pick-up appearing in sight after the Astra driver had conducted checks in its direction.

Colonel Oakes’ defence case will rest on disputing that the actions of the Ford driver, Samuel Goodall, were ‘involuntary’ and his solicitor Peter Minnikin will argue that other options were available to him before Mr Goodall chose to swerve.

A driver who gave evidence stopped to allow Colonel Oakes, whom she said was ‘aggressive’, and ‘wanting to nudge forward’, space to leave the junction. She thought both sides of the road were clear, but then saw the Ford pick-up appear ‘out of nowhere’ and it struck her Ford Fiesta with force.

She admitted she had flashed her lights to indicate to Colonel Oakes to pull out, but that he had ‘gone a bit early’ and was ‘in a bit of a rush’. She accepted he had not accelerated immediately, but had hesitated before doing so.

When questioned about the approaching Ford Ranger’s speed, she said she overheard Mr Goodall say in the aftermath of the crash that he had been doing 25mph, but estimated it more at 35-40mph on the road, which has a 30mph limit.

Mr Goodall, who had just done the school run, said he noticed the Astra in the Ashville College entrance and thought it was ‘thinking about coming out’ as it had moved forward, but it then moved back again and he assumed it was waiting. He said he was doing 20-30mph when the collision occurred and immediately swerved to the right.

After being asked by Mr Minnikin whether if he had been travelling at 30mph he would have been able to stop within the distance he estimated the Astra was from his truck, Mr Goodall said he was ‘close enough’ to think he would have hit the car if he had not swerved. He said he did not agree he had time to brake.

The two-day trial continues tomorrow.