Joshua Jordan John Boyton jailed over car crash death of pro motocross rider Cohn Evans
A former elite BMX racer who took photos of his crumpled car with his dead “best friend” still in the back seat following a crash has been sentenced over the former professional motocross rider’s death.
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A former elite BMX racer who took photos of his crumpled car with his dead “best friend” still in the back seat will be eligible for parole next year, a court has heard.
Joshua Jordan John Boyton was sentenced to four and half years behind bars for the dangerous operation of a motor vehicle causing the death of professional motocross rider Cohn Evans in November of 2022.
Boyton who appeared before Beenleigh District Court on Monday was also sentenced to 12 months behind bars for the dangerous operation of a motor vehicle involving excessive speeding.
Judge Rowan Jackson KC said Boyton would be eligible for parole on May 19, 2026.
The now-25-year-old was also disqualified from holding or obtaining a licence for three years.
Cohn’s mother Dolly Evans bravely addressed Boyton as she read her victim impact statement.
“Could my son have survived if you had done the right thing on that night? Called triple 000,” she said.
“Josh you cowardly went into self-preservation mode and left my son alone in the cold dark rain in that crumbled mess.
“You weren’t there to comfort him and make him feel safe and loved in the scariest moment of his life. And you denied me that right to comfort him, love him, make him feel safe and secure, by not calling me, his mother, to come and be there.
“Josh, I ask you would Cohn have left you?”
Cohn, 22, was in the back seat of a car travelling along Dungaree Drive towards Pub Lane in New Beith on November 30, 2022 when Boyton lost control and crashed into several trees about 6.30pm.
Cohn died at the scene while Boyton – the driver – and front seat passenger sustained minor injuries.
Boyton’s other charges - vehicles used on road must be registered; drive uninsured vehicle; light vehicle must not be driven or parked on a road if defective; modification, other than compliant modification of light vehicle prohibited, driver fail to remain at incident and render assistance - remain before Beaudesert Magistrates Court with the matters next listed for sentence on July 1.
Police allege Boyton made “engine modifications” and did not make a “reasonable endeavour” to contact emergency services following the crash, according to court documents.
Crown Prosecutor Samantha O’Rourke submitted that Boyton’s traffic history demonstrated a “persistent disregard for road safety”.
The court also heard just 30 minutes before the fatal crash a 10-second video was taken of the car’s speedometer in which Boyton accelerated from 65km/hr to 117km/h in 70km/h zone.
Judge Jackson said Boyton’s actions on November 30, 2022 were “deliberately reckless” amid a “troubling” traffic history.
“You were driving in what you described as a drift car, an unregistered, uninsured and modified vehicle which you had received back that day after it had had some work done to it,” he said.
Speaking about an exchange between Boyton and the first witness on scene, Judge Jackson said: “something is made in relation to you raising concerns about the car and taking photographs of the car”.
“I must say, I don’t really take much from that in the circumstances,” he said.
“I don’t proceed on the basis that you were more concerned about the car than you were about Cohn.
“I proceed on the basis that you were as that observer thought probably in shock at the time.”
Judge Jackson said Boyton had been diagnosed with ADHD at the age of five and was believed to have “residual ADHD traits consistent with somebody who engages in behaviours which are immature and reckless such as the behaviour we are currently dealing with”.
Boyton’s barrister Anthony Kimmins acknowledged that his client made the “wrong decision” to accelerate out of a power slide but argued it was a “split second decision”.
Mrs Evans also told the court she had been diagnosed with PTSD, anxiety and complicated grief disorder.
“I never even took Panadol before this, now I’m reliant on medication to help me get through
the day.
“I’ve tried to take my life on two occasions and spent time in a mental health facility.
“The truth is I’m not sure how much longer I can withstand the landslide…life is too uncertain now.”
“Cohn really was our glue. You, Josh, have taken that from us…I’m ready for you to come home, son”.
Speaking outside court Mrs Evans said: “No outcome was ever going to be enough at all, but one year just doesn’t seem enough to be taken away from your family”.
Mrs Evans said she felt “sad” when she looked at Boyton in the dock.
“He is someone’s son, he does get to go home but it made me feel sad, it made me feel sad that he couldn’t do the right thing,” she said.
Mrs Evans said she often pretended like Cohn was still in the room.
“But it’s those things when you’re in the hairdresser and they ask you ‘how many children have you got? How old are they?’…or when you’re walking down the street and you hear someone yell out ‘mum’ and you stop and you turn because you’re so used to being called mum…they’re the things that get you,” she said.”
Speaking about Boyton’s decision to photograph the crumpled wreckage in the aftermath of the crash, Mrs Evans said: “It has always been devastating for us to hear that, and I spoke earlier about there being a disconnect with young kids now where they seem to think it’s appropriate to pick up their mobile phones and instead of calling for help, they are videoing it.”
“I just don’t believe you can be in shock to pull out a mobile phone … I don’t believe it was immaturity, I don’t believe he was in shock.”
Voice for Victims founding member Lyndy Atkinson said she was “disheartened” by Monday’s sentence.
“After getting to know this family and their heartbreak, it was disheartening to hear the light sentence the judicial system places on a life,” she said
“It doesn’t meet community expectations.
“At age 26 the offender, with a previous criminal history, can lead his best life and the Evans’ family have a life sentence”.
Originally published as Joshua Jordan John Boyton jailed over car crash death of pro motocross rider Cohn Evans
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