Damien Wangman and Tyson Russell to be sentenced in February over Norlane dad’s death

The daughter of an elderly man who was the victim of a “street race” between two men has hit out at a claimed last minute bid to reduce the sentence of his killers.

Maxwell Awty was killed in a car crash in 2020 on Melbourne Rd, Norlane.

The daughter of an elderly man who was the victim of a “street race” between two men has hit out at a claimed last minute bid to reduce the sentence of his killers.

Lovely Banks man Damien Wangman and Lara’s Tyson Russell have both pleaded guilty to culpable driving causing the death of Maxwell Awty, 78, in Norlane on October 14, 2020.

The pair were due to be sentenced in the Geelong County Court on Tuesday, November 28, only for the defence to raise issues of causation.

The court heard whether Mr Awty failed to give-way at a KFC on Melbourne Rd before his car “spun out of control” when hit by another needed to be considered.

The other car, a sedan, was being driven by Wangman, 36, who the court heard was “street racing” Russell, 37, at the time.

Mr Awty died in a Melbourne hospital as a result of his injuries. Photo: Supplied.

Mr Awty, who lived in Norlane, suffered fatal injuries and died in hospital about a week later.

His daughter, Theressa Nero, told this masthead of her family’s anguish at the court’s decision to adjourn sentencing until February.

They had planned to scatter her father’s ashes at sea at the conclusion of a “painful” three year court case.

“To have this still hanging over our heads at this time of the year is beyond frustrating and disappointing,” she said after the hearing.

“We can’t even tell our mum because we don’t want to ruin Christmas for her and send her into a depression.

Maxwell Awty was killed in a car wreck in Norlane. His daughter, Theressa Nero, says their life has never been the same since. Photo: Supplied.

“I think (the defence) want to say (Mr Awty) contributed in some way to the accident so they get a lesser sentence.”

Crown Prosecutor Richard Pirrie told the court last year a witness saw smoke from Wangman’s car as he was “pumping the accelerator” and racing Russell at the time of the crash.

The court heard Russell responded immediately and accelerated to keep up with Wangman.

Another witness said he saw “two vehicles absolutely fly past me … it happened so quickly”.

A security guard, who heard the pair driving, said it sounded like one car was trying to outdo the other car.

Mr Awty entered Melbourne Rd from Surrey Street, and almost immediately, Wangman’s car crashed into his.

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Originally published as Damien Wangman and Tyson Russell to be sentenced in February over Norlane dad’s death