A truck driver sarcastically beating a motorist just before he had torn down and killed a little boy on a pedestrian crossing was cleared of dangerous driving today before death.
Dean Phoenix admitted that he had made a mistake when he did not see a red light at the intersection to allow the three-year-old Jaiden Mangan and his family.
The 44-year-old Phoenix retreated without seeing her and clashed with Jaiden, who suffered fatal chest and abdominal injuries.
One court heard that Phoenix had been distracted at the time because he "sarcastically clapped" another driver as he drove off.
Dashcam from a taxi approaching the intersection caught him and swore at the driver.
Phoenix admitted charges of death from negligent driving, but denied a more serious claim to death by dangerous driving.
After a two-day trial at the Bournemouth Crown Court in Dorset, he was convicted today by a jury.
When she heard the verdict, the distraught parents of Jaiden, James Mangan and Yasmin Dougan, burst into tears and stormed out of court.
Phoenix, from Chineham, Hampshire, will be convicted of careless charges tomorrow and put on remand.
Jaiden was crushed on March 29 last year on the pedestrian crossing in Wareham, Dorset – the day before his fourth birthday.
The court heard that Phoenix had been frustrated after an elderly driver unlawfully parked his car on the zigzag lines at the intersection and blocked the truck's lane.
Phoenix was then caught by a dashcam gesturing at another driver across the street whom he had falsely thought had been at a very narrow gap.
In fact, the car had been stopped at the intersection because of the red light.
Phoenix started driving around the illegally parked Vauxhall Astra car when he met Jaiden.
Phoenix told the jury, "I did not expect anyone to be at the intersection.
"I could not see the traffic light, I thought they were still green, I did not see anyone approach the light or push the button.
"All my concentration was focused on looking at the situation and moving forward to the traffic
"It was an accident, I made a mistake, so I plead guilty to careless driving.
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"I never wanted to be in this position. I just went to work that morning and did not hurt anyone.
"I came across this situation and developed further than I should not have done."
When asked by Stuart Ellacott, who was being prosecuted, for his hand gestures and clapping, Phoenix said, "I was frustrated."