An unlicensed driver whose out-of-control vehicle allegedly hit and killed two brothers in a horror crash has broken down in tears after a magistrate ordered he remain in jail.
Jacob Steven Donn sobbed as he was refused bail in Dubbo Local Court on Tuesday, a week after the car he was allegedly driving hit Sheldon, 6, and Shane Shorey, 7, on Warne Street in Wellington, in the NSW central west.
Donn, 25, allegedly fled the scene following the crash, which also saw Shaylene Frail, 34, the mother of the two boys, suffer spinal injuries, and their family friend Mataya Ah See, 10, lose a leg.
Charged with 14 offences including dangerous driving occasioning death, Donn had allegedly been doing skids and burnouts in the moments before the crash.
Police prosecutor Michelle Bartlett said in court that he had been deliberately driving poorly and had ‘a clear disregard for the rules’.
‘The actions of the accused … were intentional,’ she said, The Dubbo News reports.
Donn’s defence lawyer Ivy Johnson told the court her client had taken responsibility for his actions and accepted he was the driver.
She said despite the allegations he had fled the scene, he had not skipped town.
But Magistrate Theresa Hamilton refused his bail application, telling the court that it was fair to consider Donn a potential flight risk.
Jacob Steven Donn, 25, broke down in tears as he was refused bail in Dubbo Local Court. He is facing 14 charges over a horror crash at Wellington, in central western NSW, last Tuesday
Brothers Sheldon, six, and Shane Shorey, 7, (pictured, left) were killed instantly when a car allegedly driven by Donn mounted the gutter and hit them with considerable force in Wellington, NSW
Police allege Donn was performing burnouts on Warne Street when he lost control, mounted the gutter and hit the group of five pedestrians
‘Although he has a very limited history as an adult, it is a matter of concern that he has been dealt with previously for unlicensed driving,’ she told the court.
‘In view of his failure to respect the fact that he has no licence and is not allowed to drive, there is also a risk he will commit further serious offences and endanger the safety of the community.
‘The facts outline dangerous manoeuvres being undertaken by the defendant prior to the impact. It seems to me in all the circumstances there are risks that he would fail to appear if given bail.’
Donn was supported in court by his great-grandmother Dawn Donn, who had taken him in as a young boy and raised him, and his great-aunt Tracey.
Outside court Mrs Donn told The ABC: ‘I love him and I support him. I miss him every minute of every day.’
Mrs Donn last week told Daily Mail Australia her great-grandson had visited her just an hour before the crash.
‘I’m devastated, I’m so sorry for those boys and Jacob is too. He loves kids,’ she said.
‘I’ve spoken to him on the phone, he’s rung me twice. He’s upset, he’s crying all the time.
‘He was here yesterday about 3pm to 4.30pm… it was like normal, and when he came here yesterday we told him get out of the car, you should not be driving, but he didn’t listen.
Joseph Shorey (pictured above) visits the scene where his two sons were killed last Tuesday
On what should have been Shane’s eight birthday party, his family and friends farewelled the little boy at a local pool in Dubbo on Friday
Family and friends gathered together for an emotional farewell to Shane Shorey who was killed in a horror car crash on Tuesday
Mr Shorey had last seen his sons on Monday when they told him they loved him and would see him in just a few weeks upon their return to Queensland, where they lived
‘He’s so sad. He is a kind loving boy, he’s only got us. I might not ever get to see him in this home ever again if he goes to jail.’
Shayleen Frail and her sons, Shane and Sheldon, had just left the Wellington Leisure Centre when they were allegedly hit by an out-of-control Holden sedan being driven by Donn.
Mrs Frail was airlifted to Westmead Hospital in Sydney, while Shane and Sheldon died at the scene.
Their 10-year-old family friend was also airlifted to Sydney where he underwent surgery to amputate his leg.
Another child, 9, somehow suffered only minor injuries in the crash.
At the scene last Wednesday, just 24 hours after the crash, Joseph Shorey visited and paid an emotional tribute to his two sons.
Mr Shorey had last seen his sons on Monday when they told him they loved him and would see him in just a few weeks upon their return to Queensland, where they lived.
‘I only saw them the day before and they gave me big hugs and cuddles and said: “Dad, we love you, we’ll see you on the 17th”,’ Mr Shorey said.
‘Now I’ve lost my two youngest boys.
‘Sheldon was a little show off, always being like “look at me, look at me”, but he’s a little cutey – all the girls loved him.’
Shayleen Frail was trapped up against a fence by the Holden as she walked from the pool with her two sons, a family friend, and another boy. She remains in hospital in a stable condition
Wellington residents lay flowers and toys at the scene in Warne St where Shane and Sheldon were killed
The tragedy has shocked the tight-knit community in country New South Wales where locals flocked to the scene with balloons and teddy bears
Donn had never held a drivers licence but still allegedly got behind the wheel of this Holden sedan on Tuesday afternoon
Sheldon, 6, and Shane Shorey, 7, had been in Wellington to visit their mother after spending Christmas at home in Queensland with their father (The pair are pictured, left, at a Santa photo with their dad and stepmother)
Last Friday, on what would have been Sheldon’s eighth birthday, his family gathered at the Dubbo Pool to celebrate in his memory.
Balloons spelling out his name were released into the sky and his father told those in attendance it was the party he had dreamed of.
In heartwarming footage shared to Facebook, Mr Shorey lit the candles on his late son’s birthday cake while other children in the group sang Happy Birthday.
A GoFundMe page set up to assist Mr Shorey pay for funerals for his two boys has so far seen more than $23,500 donated.
Devastated dad visits the scene where his two young sons were killed
Sheldon and Shane Shorey’s father, Joseph Shorey, making a brave visit to the scene, told media gathered he had a very simple message for hoons: ‘It’s not cool, and it’s left two of my sons dead.’
Confronting pictures show Mr Shorey with his head in his hands after arriving with friends and family, before falling to his knees and inspecting the tributes from locals.
Balloons, teddy bears and flowers adorned the tragic scene, with the local community in tatters over the deaths – which saw neighbours rush to free the trapped family from under a car.
After driving through the night from his home in Queensland, Mr Shorey and family members visited the crash site late on Wednesday.
They hugged, cried, laughed, prayed and played some of the boys’ favourite music.
Afterwards he bravely spoke about his two sons, remembering their precious lives that were cut short.
The boys’ father Joseph Shorey (pictured in blue) made an emotional visit to the scene on Wednesday
He also hit out at the allegations Dunn was doing burnouts and donuts in the street in the moments before the crash, telling hoon drivers: ‘It’s not cool’
He also hit out at the allegations Dunn was doing burnouts and donuts in the street in the moments before the crash, telling hoon drivers: ‘It’s not cool’.
‘That is not cool, all you young fellas out there doing that, it’s not cool, because there are consequences if you do something stupid and wrong,’ Mr Shorey said.
‘Don’t drive around stupid, drive around smart. You want to do donuts go and join a race club and do them there. Don’t do them on the streets.
‘Sheldon’s only six, he’ll be seven next month on the 12th. Shane was only seven, he was turning eight on Friday… two more days.’
Family and friends gathered to support the family of two young boys killed in the horror crash