John Moynihan receives three years for dangerous driving, resulting in the tragic death of eight year old André Castro Ladeiro.
John Moynihan, 62, admitted guilt and pleaded guilty to dangerous driving, which caused André Castro Ladeiro’s death. André was eight years old at the time, and the incident occurred in Carrigaline, Cork, in August 2023.
Moynihan could have faced ten years in jail. The judge considered factors, including Moynihan’s guilty plea, the absence of prior convictions, and the lack of involvement of speed or intoxication.
Judge Dermot Sheehan sentenced Moynihan to three years in jail, with the last year suspended, and a six-year driving ban.
César Ladeiro, André’s dad, testified and remembers the deadly collision vividly. “The bang and him disappearing” is how he described it, adding, “I saw it then and every day since. The driver didn’t brake; André was like a leaf to that driver.”
He called for help, and his wife screamed; people arrived quickly. He told someone to leave André’s helmet on. André’s mother, Filipa, a nurse, checked on him, then stepped back, knowing his condition was critical. André breathed weakly while waiting, and the father realized the severity on the way to the hospital.
The hospital tried surgery but could not save André, who was to start school two weeks after the accident, the same school as André. André later died in a Dublin hospital on August 16 and looked very different because of swelling.
Getting justice matters; “Little peace” will come from jail, said Mr. Ladeiro. The driver ran a red light, lacked road awareness, didn’t try to avoid André, nor did he do an emergency stop, the father recounts. André waited for the green light, but the driver’s actions killed his son.
Filipa, André’s mother, spoke, saying they live “day by day,” and her family is struggling a lot. André’s birth in 2014 brought joy, filling their life.
The family moved to Ireland in 2019, and André adapted well. He made friends, loved school, joined activities, spread joy, and was happy.
She experienced a “nightmare,” lying next to her son as he died. His five-year-old brother saw everything; the trauma profoundly impacts him.
Judge Sheehan offered condolences, calling the loss “horrific,” adding that no words could ease their burden. The judge called Moynihan’s vehicle a “pickup truck.” He said drivers of these vehicles in cities have a greater duty, unlike driving a standard car, adding that running the red light was an aggravating factor.
Garda Dinah Birnbaum testified André had a green light, Moynihan a red light, but he didn’t stop. The crossing is close to a roundabout, and locals voiced concerns.
Moynihan had no prior convictions, wasn’t speeding or intoxicated, and pleaded guilty early. His speed was about 35-37 KPH in a 50 KPH zone.
Moynihan said he wished he could undo things during his Garda interview. His lawyer, Jane Hyland, spoke, saying he accepts his driving was “dangerous” and he will “suffer to the end of his days.” He is a father of four, a grandfather of two, owns a crane company, deeply regrets his actions, and friends said he would help anyone.
Judge Sheehan praised the parents for speaking, saying losing a child like that is horrific and their condolences go to the parents. No words lessen their burden; they appreciate the pain and are sorry for the court visit.
The judge said André was hit on a “busy road” with a light-controlled crosswalk. The driver had a clear line of sight and time to see; wasn’t speeding, but ran a red light at a pedestrian crossing.
A driver must watch and be alert; he didn’t see what was there and didn’t brake at all, with no awareness of the pedestrian.
Moynihan suffered stress after the accident and is known for his “kindness” and charitable work. He will “never do this again;” it is important to impose a jail sentence, the judge stated.
André was in second grade, and his funeral was at a local church. Gifts included sports medals and a finger painting. He learned English quickly and spoke to his friends.
His father spoke, saying André touched many lives and joked how André’s birth changed their life, with no drinks, travel, or sleep after that. He taught them to be parents and showed how to smile daily, saying he was a very grateful person. André loved his younger brother, had someone to join him and to fight with, and Tomas lost his friend.