Find local news in Kent

Home   Deal   News   Article

Jack Nixon, who killed friend Owen Tagg in drunken Deal crash after night out in Canterbury, had told passengers: 'I'm a good driver'

05:00, 08 November 2024

updated: 12:12, 08 November 2024

A drunk man who killed his friend when he smashed his car into a wall had just minutes earlier proclaimed he was a "good driver" and would get his passengers "safely home".

Jack Nixon was almost twice the legal alcohol limit, as well as over the limit for the breakdown product of cannabis, at the time of the fatal collision in Deal in the early hours of October 9, 2022.

Jack Nixon has been jailed after causing the death of one of his passengers in a crash in Deal
Jack Nixon has been jailed after causing the death of one of his passengers in a crash in Deal

Passengers Owen Tagg and Morgan Peay had earlier warned him to "watch out" and "sort it out" as he straddled lanes and drove on the wrong side of the road while giving the pair a lift from a night out in Canterbury.

But the 27-year-old, who only held a provisional licence and also had traces of ketamine in his body, dismissed their warnings, even stopping to buy beer as they made their way home in his father's VW Polo.

Canterbury Crown Court heard he was so drunk it had taken him as many as seven attempts to negotiate the car park exit, knocking over and damaging in the process the machine for entering a registration number.

But at the crash scene, he denied he had been driving and callously remarked that he "didn't care about other people and just wanted to go to bed".

Those "other people" also included his girlfriend Natalia Hubbard, who suffered fractures to her foot, and Mr Tagg's childhood friend Mr Peay, who had to be airlifted to hospital with severe injuries including a perforated bowel.

Passenger Owen Tagg was killed when Jack Nixon crashed in Deal in October 2022
Passenger Owen Tagg was killed when Jack Nixon crashed in Deal in October 2022

Mr Tagg, 21, who had recently become a father, moved house with his girlfriend, and was due to start a new job just a day later, was pronounced dead at the scene.

Nixon, who had posted a video on social media earlier that evening of him downing shots with Ms Hubbard, later claimed when interviewed by police that he may have been "spiked".

He also told the author of a pre-sentence report that he had only had three or four spiced rum drinks.

But on jailing him yesterday, a judge told Nixon he "detected an element of deliberate minimisation" on his part as his account was "wholly inconsistent" with the evidence against him, including an alcohol reading of 139 milligrams in blood - the legal limit is 80mlg - and lack of memory.

Mr Tagg, who was from Aylesham, had been out with Mr Peay on October 8, 2022, at a festival, before moving to a Wetherspoon pub and then onto The Cuban bar in the city centre, where they met up with Nixon and Ms Hubbard.

The Cuban nightclub in Canterbury
The Cuban nightclub in Canterbury

The court heard he was a friend of Mr Tagg's but unknown to Mr Peay, who later described him as being "loud" and always with a drink that night.

It was when Mr Tagg and Mr Peay decided to head home that Nixon, of Cannon Street, Deal, offered them a lift.

Prosecutor Paul Valder said Mr Peay initially declined as he was concerned about Nixon's intoxicated state and decided to take a taxi.

But as he was about to get in, both Mr Tagg and a "pushy" Nixon persuaded him to join them.

"The defendant said he was a good driver and he would get him home safe," Mr Valder told the court.

Nixon was twice the legal alcohol limit
Nixon was twice the legal alcohol limit

The two friends sat in the back, with Mr Tagg behind Nixon and Mr Peay behind Ms Hubbard.

However, the prosecutor said that "almost immediately" there were problems, with Nixon having trouble driving up to the car park exit machine, knocking it over and then having to get out of the car to operate it.

As construction worker Nixon then drove his passengers past the police station in Old Dover Road, he drifted into the wrong lane, resulting in Mr Tagg warning him: "F***ing sort it out."

Then, once on the A2 towards Dover, he was at times straddling both lanes or straying onto the rumble lanes on the nearside.

"On more than one occasion, Mr Peay had to say 'watch out' or 'sort it out'," said Mr Valder.

"The defendant's reply was to tell him to shut up and that he was a good driver. Mr Peay was scared and relieved when they made it to Dover unscathed."

Having then pulled over at a McDonald's, Nixon drove to a BP garage to buy beer.

Mr Peay, who later said he had not wanted to stay in the car but felt pressured to do so, did not drink the beer given to him and asked to be taken home.

But as they headed towards Deal and approached St Margaret's, Nixon was again swerving over the road and over to the right-hand side as he negotiated a left-hand bend.

A row then broke out between Mr Tagg and Nixon, with derogatory remarks being made about one of the girlfriends, and Mr Peay's turning was missed.

The scene of the crash in Deal that killed Owen Tagg in October 2022
The scene of the crash in Deal that killed Owen Tagg in October 2022

The argument continued between the two men and, having turned left along Cornwall Road towards Telegraph Road, Nixon approached a left-hand bend under the railway bridge, where cars were parked on the left.

But as he appeared to Mr Peay to take the bend too fast, Nixon lost control, causing the VW to hit the kerb, rotate anticlockwise and then collide with the bridge wall, said Mr Valder.

Mr Peay undid his seatbelt and got out, thinking he had just been badly winded, while Ms Hubbard was saying her leg was broken.

Nixon was slumped over the steering wheel, motionless, and was later discovered to have suffered fractures to his arms, pelvis and ribs.

Tragically, Mr Tagg was seriously injured and despite the efforts of paramedics could not be saved.

In the meantime, Nixon had walked away from the car and was further up the road when police first spoke to him.

The court heard that when asked if he was the driver he replied 'nah' and shook his head. He then gave a roadside alcohol breath test reading of 58, when the legal limit is 35.

"The defendant was saying that he didn't care about other people. He just wanted to go to bed," said Mr Valder.

Having then been arrested, Nixon asked 'Have you seen me drive?' before telling another officer he had had a lot to drink but still denying he was the driver.

On his way to hospital, however, he remarked he was "probably driving" when asked where he had been sitting in the car, before also making a reference to having consumed ketamine.

“I feel guilty that maybe I could have done something to stop what happened..."

He also confirmed he was the only one of his friends in the car who drove, and asked a paramedic: "I didn't crash my car or anything, did I?"

Although ketamine and morphine were later detected in his system, both were below the prescribed limit for driving and, despite Nixon's reference to ketamine in the ambulance, may have resulted from medical intervention, the court heard.

There was also a suggestion the VW Polo did not have an MOT but it was found to have no mechanical defects that could have contributed to the fatal smash.

In the car's central console, driver's footwell, front passenger footwell and driver's door pocket, police found two cannabis grinders, a small bag of white powder and a sealed bag of cannabis.

Nixon later denied the drugs paraphernalia belonged to him. But as well as being over the alcohol limit, he tested positive for tetrahydrocannabinol (THC) - the breakdown product of cannabis - with a reading of 2.2 when the legal limit is 2.

Following his arrest, Nixon gave a prepared statement in which he said he had no recollection of either driving or being in the vehicle and, having been out with friends, believed he may have been spiked.

He also said he could not recall leaving The Cuban, the court was told.

A crash investigator was unable to determine the speed of the car as it approached the bend on the 30mph road.

Mr Peay spent 10 days in hospital, having undergone surgery, and in a victim personal statement (VPS) he described how he not only feared dying but also felt guilt.

"What happened made me realise that you underestimate a car and ultimately it is a weapon," he said.

Jack Nixon was sentenced at Canterbury Crown Court
Jack Nixon was sentenced at Canterbury Crown Court

"I still think about the crash every day. The whole thing replays over in my mind constantly, normally different parts over different days.

"It could be me in hospital, or being airlifted or leaning over and seeing Owen. What happened that day will never leave me.

"Owen and I were best friends since 13 years old. The loss of Owen has had a big impact in my life. I lost one of my best friends.

"Mentally, it still doesn't feel like it's real. His loss has broken his whole family. I feel guilty that maybe I could have done something to stop what happened."

The court also heard of the devastating impact of Mr Tagg's death on his mother Rachael Davies, his two sisters, his partner Emy Booton, and even their young son, aged just seven months at the time.

Ms Davies described the moment of being told her son had died as "every parent's worst nightmare" and that for the family, the nightmare was not over.

She said she had had to give up work, struggled to leave her home, her anxiety was "through the roof" and that one of his sisters - both said to be "heartbroken" - had quit driving after 12 years.

Branding Nixon "selfish", she wrote: "My family's lives have been torn apart and nothing will ever be the same again.

"The actions of Jack that night forced me into a position I never thought I would find myself. I never thought I would have to bury my child."

Ms Davies added that in the intervening two years she had been scared to see Nixon "with his friends, with his family - all the things Owen should have been doing".

"For us, this is a life sentence. Jack has devastated my life and I miss Owen so much…"

"The behaviour of Jack Nixon that night has meant he has not only killed my son but he has impacted my whole family," she continued.

"I don't feel this has had any impact on him before he was sent to prison (on remand) and I have struggled with that."

Referring to his decision to drive that night and then to walk away from the crash scene, denying he was responsible, Ms Davies concluded: "A selfish act followed by another selfish act. What person leaves another dying and others seriously injured?

"For us, this is a life sentence. Jack has devastated my life and I miss Owen so much."

Ms Booton described in her deeply moving statement how she had to suddenly become "Mum and Dad" overnight to their young son who, two years on, heartbreakingly talks about having imagined his 'Daddy' collecting him from nursery school.

Mr Tagg was, said his partner, "full of energy, bubbly and confident", and taken from her at what should have been "one of the happiest times of life".

Of Nixon's actions that night, Ms Booton said he had never shown any remorse, and addressed him directly when she spoke about him not pleading guilty until August this year at a plea and trial preparation hearing.

"I don't know why Jack would put anyone's life in danger. Jack should not have been driving, should not have had a car and should not have offered anyone a lift," she wrote.

"Jack's actions have ruined my life. He killed Owen. He has taken away my partner and taken away my son's dad.

"Owen has not got a future because of you. I don't understand how it's taken you two years to own up to your actions. If you couldn't own up for Owen, then you should have taken responsibility for yourself."

“He understands and accepts fully that he must be punished…”

Nixon, who was 25 at the time of the incident, was supported in court by several family members, as well as Ms Hubbard.

He has been in custody since admitting charges of causing death by careless driving when over the limit, causing death when unlicensed, and two offences of causing serious injury by careless driving.

Mr Valder explained to the court that it was the prosecution's case that the driving fell "just short" of the threshold for causing death by dangerous driving.

He also said that Nixon's excess THC reading had been included in the case against him as part of the factual background.

Tom Stern, defending, said the former railway worker had shown genuine remorse for his actions that night and would carry "the burden" for the rest of his life.

"He has to be sentenced for what amounts to severe shortcomings in his own judgement, his own decision-making and his own actions," he told the court.

"The outcome and impact for that judgement failing, that decision-making failure and his actions - for Mr Tagg, his family, his friends, Mr Peay and so on - lie heavily with him.

"He carries the burden of what he did, has done, and it will remain with him for the rest of his life. He understands and accepts fully that he must be punished and will inevitably receive a substantial term of custody today."

Mr Stern also told the court that Nixon had wanted to plead guilty at the magistrates' court but was legally advised to wait until the case reached the crown court.

On sentencing, Judge Mark Weekes said he had read Nixon's references, which spoke "warmly" of him and showed "positive sides" to his character, as well as a personal statement in which he apologised and expressed remorse.

But on jailing him for nine-and-a-half years, Judge Weekes poured scorn on that assertion by Nixon, not only because of his denials at the scene and lack of acceptance at interview, but also his attempts at "victim blaming and smearing" in his pre-sentence report (PSR) and accusing Mr Peay of lying.

Telling Nixon he viewed it as "partial" remorse, he explained: "Your PSR does not make for attractive reading, making allegations in respect of your victim, minimising your own offending - including that you consumed cannabis on the night - and denying aspects of the injuries caused to your own partner."

Referring to the delay in criminal proceedings, Judge Weekes added: "It is a feature of the references which have been written on your behalf that those who write them speak of you taking responsibility for your actions.

"While it is correct to say that you pleaded at the PTPH stage, it is perhaps unfortunate that it took until then for you to make that admission, since it kept Owen’s family in suspense, something that they have noted in their VPS."

But he accepted that Nixon had now demonstrated insight into his actions and had started to take steps to address his issues with alcohol and drugs.

Of Mr Tagg himself, Judge Weekes paid tribute, saying the world was "a poorer place for his passing".

"Owen was a young and vibrant man with a whole life before him. He was on the cusp of starting a new job, and had just moved into a home together with Emy Booton," he told the court.

"His was a light that illuminated many lives, not just his immediate family but also his circle of friends.

"The pain of all who knew him two years after his untimely death is still raw. It is obvious that the world is a poorer place for Owen’s passing.

"The moving VPSs which I have heard and read show that, and are a great tribute to him. They show clearly the quiet dignity of his family and friends despite such a terrible loss."

Nixon, who was also given a driving ban for 13 years and four months, blew a kiss to his family sitting in the public gallery as he was led from the dock down to the court cells.

He was told he must serve two-thirds of his jail term before he is eligible for release.

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies - Learn More