A mother says she will forever question what was going through her 6-year-old son’s mind the moments before he was killed by his father in a fiery crash.
Niklas Gebhardt was jailed for five years on Wednesday by Justice Jan-Marie Doogue after pleading guilty to manslaughter. He will be disqualified from driving for seven years upon release from prison.
The 32-year-old was driving up to 130kph on November 5, 2019 when his car vaulted off a stopbank, smashing into a tree 24m away and bursting into flames killing his son Lachlan.
The bend had an advisory speed limit of 25kph, but Gebhardt did not brake or attempt to slow the car as he approached it. He made no attempt to swerve or take the corner.
READ MORE:
* A mother’s heartbreak: The story of a 6-year-old boy killed by his father in a fiery crash
* Father pleads guilty to manslaughter after 6-year-old son killed in fiery crash
* Drunk driver disqualified after crashing into parked car
On Wednesday, Lachlan’s mum Kim Manson began her victim impact statement, which was read out by a crown prosecutor, by telling the court her son would forever remain only 6 years old due to the “selfish act of a coward that Lachlan called his dad”.
“The other person in his life that he trusted and was meant to care for him, nurture him and do him no harm.”
She described Lachlan as “the most beautiful, sweet kid you could ever ask to have”.
Des Ellery Photography/Supplied
Lachlan Gebhardt, 6, was killed in a car crash driven by his father, Niklas Gebhardt, on November 5, 2019.
“He was my best friend, I had him quite young and both of us grew up together. He made my life full of enjoyment and happiness.”
Manson and Gebhardt had shared custody of Lachlan. When Lachlan was with Gebhardt, Manson said she missed him “so much”, and would be planning their next adventure for when he got home.
“I loved taking Lachlan on adventures, we did so many fun things together – camping, bike rides, swimming at the river, even day trips to the West Coast to gold pan and Auckland to go on a rollercoaster,” she said.
“Now I have been robbed of any more time with my son to make memories. All we have are the precious memories made in six short years. I am forever grateful I crammed so many experiences, fun and love into his life.”
Manson said she believed her ex-partner’s actions, who she only referred to as “the defendant” and “this monster”, were “planned and calculated”. She understood Gebhardt was convicted of manslaughter, but said she would always believe it was murder.
She said there were no brake marks, and no attempt to mitigate the impact in any way.
“Just the defendant’s foot on the accelerator with the determination to kill them both that day. Instead of using a gun or a knife, he used his car as the weapon of choice for this horrific act.”
George Heard/Pool
Niklas Gebhardt appears in the High Court in Christchurch on Wednesday.
She believed Gebhardt’s intent was to inflict as much pain as possible on her, and that he did not believe he would survive the crash and have to face the consequences.
The crash scene was near her work, and around the corner from her home.
“I cannot avoid this road; I have to pass it frequently and relive the horror every time I have to go that way. I had to leave my job at the racecourse as I could not have ever ridden around the track and looked out over where my son was killed,” she said.
Lachlan would’ve been the “best big brother” to the siblings he never met, she said. His siblings would soon be old enough to ask more questions about their brother and how he died.
“It scares me how I will explain this to them without ruining their innocence and terrifying them that monsters like the defendant exist.”
The days after Lachlan’s death were a “blur”, she said.
“I have been told I was basically catatonic for the days directly after the police told me my sweet boy was gone, lying in his bed smelling his blankets my heart was literally broken,” she said.
“For days I asked about seeing Lachlan. I wanted to be with him and say a proper goodbye, but we were robbed of this due to how badly his body was damaged from the way in which he was killed.”
Supplied
Lachlan loved horses and had two ponies of his own.
Manson said she would never be the same person she was before Lachlan was “stolen from me”.
“Every time I hear a siren, and I am not with my children, I get a sense of panic and when they leave the house without me, I feel anxious that something may happen to them also. The pain I feel to this day is indescribable, as a mother is not meant to bury her own child.”
Knowing the way Lachlan died made it even worse, she said.
“I will forever question what was going through his mind as they hurtled down the road. Was he scared? Did he try telling the defendant to slow down?
“Was he conscious at the time the car caught fire, and he was burnt to death inside? To have any peace in my mind I have to tell myself that he was unconscious and didn’t feel any pain. I will always have the question [of] why? Why not just do it to yourself? Why did you have to take my sweet boy with you? And I doubt I will ever get a truthful answer from the defendant.”
Supplied
Lachlan, pictured with his mother, Kim Manson.
She believed Gebhardt did not take accountability for his actions, rather that he had run out of options to avoid jail.
“The defendant that stands before you in this courtroom today may be looking for some sympathy or compassion and I think that he deserves what he gave my son, which was none of those things.
“The defendant made a decision that day in my opinion and that decision had a consequence resulting in my son’s death. He took an innocent 6-year-old boy’s life that day and not just some boy but his only son.”
Gebhardt deserved punishment “fitting for that heinous crime”.
“[Lachlan] would have added so much more beauty and light into the world but instead all we have are his pile of ashes sitting on my shelf and because of that I will never forgive the defendant for what he has done to me, my family and everyone else involved. For that he deserves the maximum penalty under the law that you can give him.”
ALDEN WILLIAMS/Stuff
The crash happened at the corner of Lehmans Rd and River Rd, near Rangiora.
Lachlan’s grandmother, Karen Manson, said he was “the best grandson anyone could ever want”.
After visiting the scene of the crash she said she could see “it was no accident”.
“I believe he wanted this to be fatal,” she said.
“I am tormented at the thought of what happened…. I wonder if [Lachlan] realised he was in great danger.”
Crown prosecutor Mark Zarifeh told the court that while it was accepted that no murderous intent could be attributed to Gebhardt, the evidence pointed to “deliberate driving conduct”.
The case was in a “very different category of manslaughter”, he said.
Gebhardt’s lawyer Andrew McCormick acknowledged the “absolute tragedy” of what had happened, but said what happened was “not murder”.
McCormick said Gebhardt was suffering from an “amnesia” and could not recall anything about the crash.
He said there were several mitigating factors including the injuries he suffered, with burns to his body a “daily reminder of this tragic incident”.
Before the crash he was a sportsman of “some real significance, a good man, well-liked, a family man”, McCormick said.
“This accident has turned all of those factors on its head… he stands before you now a broken man.”
Justice Doogue said there were several aggravating factors, including the excessive speed.
“You were driving in an aggressive and highly deliberate manner without explanation,” she said.
Despite no murderous intent able to be attributed, she said the only available conclusion was he aimed to drive his vehicle in a manner that was “grossly negligent” and “highly likely” to cause injury or death to both him and his son.
“This was a deliberate crash at very high speed.”
Detective Senior Sergeant Damon Wells acknowledged Gebhardt’s sentencing.
“The loss of a child is an incredible tragedy and I want to commend the strength and resolve of Lachlan’s wider whānau and loved ones through this process.
“Nothing will bring Lachlan back, but it is my hope that today will bring some closure in this very sad, senseless case.”
‘I need a bullet’
Gebhardt texted Manson on the morning of November 5 asking if he could pick Lachlan up later that day.
It was Manson’s turn to have Lachlan, but she agreed and Gebhardt picked Lachlan up about 4pm from the Dudley Park Aquatic Centre in Rangiora.
They headed north out of Rangiora and onto Lehmans Rd, where Gebhardt began to drive over the 80kph speed limit.
About 1km before the end of Lehmans Rd, he overtook another car in his lane then swerved back into his lane sharply to avoid colliding with an oncoming car.
He continued driving at high speed towards the end of Lehmans Rd where it turns right sharply and becomes River Rd.
The bend has an advisory speed limit of 25kph, but Gebhardt did not brake or attempt to slow the car as he approached it. He made no attempt to swerve or take the corner.
He sped off the sealed road and onto the grass, striking the bottom corner of the speed sign and vaulting off a stopbank.
The police serious crash unit later calculated the car travelled about 24m horizontally and 7m vertically before smashing into a tree. Gebhardt was driving about 130kph when the car became airborne.
One passerby was able to pull Gebhardt from the wreckage as the fire began to spread, but the flames became too intense for them to check if anyone else was inside.
Once out of the car Gebhardt was heard saying: “Put me back in, swap me with my son, I want to swap.
“My son’s in the back, he’s such a good boy, he’s such a nice boy, I want to swap.
“I need a bullet.”
Gebhardt, who suffered burns to about 30% of his body and fractured his femur, was initially charged with dangerous driving causing death. The charge was later upgraded to manslaughter.
Gebhardt earlier told police he could not recall anything about the crash itself or speeding along Lehmans Rd beforehand.
