James McAlear given community service for causing death of Stephen Hendry
A rail worker who drove his van over a man lying in a Glasgow street has been given 250 hours community service.
James McAlear ran over Stephen Hendry, 23, in Caledonia Road, Gorbals, at about 05:30 on 10 October 2010.
The 61-year-old was convicted of causing Mr Hendry's death by driving without due care or attention or reasonable consideration for others.
He was also banned from driving for 18 months and will have to sit an enhanced test before he can drive again.
During his trial, Glasgow Sheriff Court heard that McAlear, from Cambuslang, South Lanarkshire, was returning home from a night shift when he drove his Network Rail Vauxhall van over Mr Hendry.
The trial heard from PC Andrew King - a road traffic police officer who attended the scene.'Nothing unusual'
PC King took a statement from McAlear about the incident shortly afterwards.
End Quote Sheriff Kenneth Mitchell
In my judgement imprisonment is not an appropriate disposal.”
He told the officer the weather was fine, cold but nothing unusual, and that the street lights were on.
"By the time I had seen him I just couldn't do nothing. I seen him lying there in lane one at an angle, belly down, with his head pointing towards the opposite side of Caledonia Road", McAlear said to PC King.
"When I first saw him he was just a couple of yards in front of me. I couldn't do nothing by the time I realised it was a body.
"It was too late I couldn't swerve or nothing. I went over him not, my wheels, just in between the chassis."
During his evidence, McAlear told the jury he was a "careful driver" and was paying attention that morning.
He also said he was "devastated" that he had killed Mr Hendry.
Passing sentence, Sheriff Kenneth Mitchell said: "Cases of this sort are always difficult to sentence, a young man has lost his life and from witnesses who gave evidence at the trial it was plain he was much loved and popular."
He added: "The accused here did not deliberately take his life, it was as a result of careless driving without due care and caution and without reasonable consideration.
"Nothing I can say will bring back Mr Hendry and my sympathies are extended to his family and friends.
"In my judgement imprisonment is not an appropriate disposal."