A driver who reported his car as stolen after he had been involved in a collision which left a dog walker dead in the road has been jailed for less than a year.

Terry Gruber, who has numerous previous convictions for motoring offences, was left with a smashed windscreen and dented panelling on his Fiat Panda from the impact with grandfather Anthony Gower.

But Maidstone Crown Court heard that instead of stopping to investigate, help or call the emergency services, he simply drove off, taking what was said to be “an unusual route” to abandon the car at a local sports ground.

He then tried to create a false alibi through a friend as to his whereabouts that night before ringing police about 12 hours after the fatality on August 6, 2020, to lie about its theft.

The 41-year-old also made a similar false claim in a call to his insurance firm.

In the meantime, Mr Gower, who was 52, had suffered multiple injuries following the collision in Pembury Road, Tonbridge, at around 9.10pm.

The retail worker was less than a mile away from his home in Tudeley Lane and had chosen to walk his pet that evening as it had been hot during the day.

Despite the efforts of paramedics, Mr Gower was pronounced dead at the scene. His dog was found in the area, unharmed.

But although Gruber was initially charged with causing death by careless driving, the Crown Prosecution Service later reviewed the case and, after deciding there was no realistic prospect of conviction, offered no evidence to that offence.

He therefore appeared for sentencing on Friday, September 6, after pleading guilty to perverting the course of justice in respect of his call to police, and dangerous driving in relation to him driving after the collision when his vision was impaired by the smashed windscreen.

Gruber, who at the time was living in Tonbridge High Street, was never charged with failing to stop or failing to report an accident.

It led to Judge Julian Smith remarking that although Mr Gower’s death had had a “profound and understandable” impact, the defendant was not responsible “in any criminal sense” for the loss of life and therefore sentencing powers were confined to the two offences faced.

He also explained that because the charge of perverting the course of justice only related to the false report of theft, he disagreed with the prosecution’s assertion that culpability and harm were at the highest level, which carries a sentencing range between two and seven years.

Prosecutor James Partridge told the hearing that Gruber had left his home and gone out driving, with the last sighting of his vehicle captured on CCTV in Pembury Road at 9.11pm.

He had earlier been posting videos on Facebook showing him drinking alcohol and saying he was having a mental breakdown. He had also been talking to his partner about their relationship.

Sometime before 9.11pm, Mr Gower had set out on his dog walk and was in Pembury Road when he and Gruber’s paths crossed, said Mr Partridge.

“Whether it was to cross the road or some other reason, Mr Gower stepped into the road sometime after 9.11pm as the defendant’s vehicle was driving past,” he explained.

“A collision occurred between Mr Gower and the car, causing Mr Gower to hit the windscreen and fall off. The evidence is that he died at the point of impact.”

Witnesses in the area later reported hearing a range of noises, including a loud bump and a dog starting to bark.

But in spite of the impact and damage to his Fiat, Gruber fled.

“He did not pull over or investigate. He did not call the emergency services,” said the prosecutor.

“He continued to drive and embarked on a large loop around the area before driving to Longmead football ground and abandoning the car there.”

Mr Gower’s body and his dog were discovered by another driver at 9.14pm.

Gruber’s phone seized after his arrest the next day revealed he had phoned a friend at 9.34pm, crying and in panic as he asked ‘Help me, help me.’

He refused to say what had happened but asked to be picked up, a request that was not fulfilled.

The court was told he later sent the same pal a text implying it had been agreed he could stay in his (the friend’s) garage overnight.

But when Gruber’s message was queried in a second call, the defendant was said to sound “completely different” this time.

“There was no panic, he wasn’t upset or crying, and was talking as if the previous call never happened,” said Mr Partridge.

Gruber was also caught on CCTV post-collision going into a pub, but left without buying anything and by 10.43pm was back home.

However, the court heard he later returned to the abandoned car before heading home again just after midnight.

Evidence showed that his girlfriend had also asked him that night: “Why can’t you just stay at home instead of getting yourself in trouble? I’m sick of this. You’re 37 years old, not seven.”

It was around 9am that he called Kent Police, claiming his car had been stolen sometime after 7pm the previous evening.

He then elaborated on his lie, saying he must have dropped the key, had spent the evening with a friend, and had to break into his property as his house key was on the same bunch.

Gruber also called his insurance company to start a claim.

But he was arrested that same day after the car was found “almost in bushes with the windscreen two-thirds smashed, dents, and blood on it”, said Mr Partridge.

Gruber gave a ‘No comment’ interview and was due to stand trial before his guilty pleas were accepted and the death by careless driving offence dropped.

Several members of Mr Gower’s family attended the sentencing. His daughter, Kirsty Diggle, choked back tears as she described how they had been affected by his “shocking” death.

‘She stopped believing she would ever see any justice for her son...’

Reading her victim impact statement to the court, she said the news was broken to her in a call which she initially thought was “a sick joke” because “who would hit a dog walker and just drive away?” she asked.

Due to Covid restrictions in place at the time, Ms Diggle said she was also unable to say ‘goodbye’ to her dad in the morgue.

Mr Gower’s mother was said to have been affected both physically and mentally at the thought he had been left to die at the side of the road.

“She said she wanted to die to be with her son. She gave up trying,” explained Ms Diggle.

“She stopped believing she would ever see any justice for her son and that the person who was responsible would ever be made to answer for their actions that night.

“She is an old lady but no matter their age, no parent should ever have to bury their son”

Ms Diggle added that it was only now four years on that her once out-going grandmother had felt strong enough to leave her house.

Ms Diggle added she had not wanted to read out her statement, knowing the hearing would be so difficult, but said she did so “for the love of my dad.”

“He deserved justice and cannot ask for it anymore so I have to do it for him,” she concluded.

Gruber, who now has an address in Hull, has 22 previous convictions for 51 offences, including several for driving while disqualified, without insurance, and drink-driving, as well as violence, public disorder and deception.

Danny Moore, defending, told the hearing his client had suffered throughout his life from PTSD.

But he added Gruber had expressed genuine remorse for what happened that night.

Jailing him for 11 months and imposing a two-year driving ban, Judge Smith said the punishment was for “the lie you told” and not the death of Mr Gower.

“Fundamentally, you are a liar. You told lies and tried to get away with it. At that stage it may have been a failure to report a collision but you lied to avoid it,” he told Gruber.

Praising Ms Diggle’s courage in reading her statement, Judge Smith said he hoped the defendant had listened with care.

“There is anger, bitterness, and a deep well of pain and hurt. It is not only understandable but is inevitable,” he remarked.

“I am profoundly moved, as is anybody who heard what was expressed. Notwithstanding that profound grief, I have to reflect the charges you face.

“What had happened was serious beyond measure. What had happened was the death of a loved family man.

“Mr Gower’s life had been brought prematurely to a close. That is a tragedy and profound but the charge is not in relation to that.

“I have to be blunt because that is where we are and without culpability for the death, I cannot transport it into this case.

“The defendant showed an intent that night to lie, to find a way to get out of this difficulty that his own actions had placed him in.

“So he reverted to a simple mechanism of lying to police. He compounded that lie with the insurance company.

“That is perhaps a reflection of his character. For that, he falls to be punished.”

Having been in custody since January, Gruber’s release from custody was expected to be within hours.

He was told he must take an extended test to regain his driving licence.