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16:28 GMT, Tuesday, 13 May 2008 17:28 UK

Train death man faced gun charge

Accident scene at Tutbury

A man whose car crashed with a train in Derbyshire was due in court to be sentenced for having an imitation gun, the Crown Prosecution Service has said.

Ian Hakes, 43, from Burton, was due to have appeared at Stafford Crown Court on Monday - two days after his death.

His green Mazda was struck on a level crossing at Marston on Dove, near Burton-on-Trent, by a train heading from Crewe to Derby on Saturday.

British Transport Police are still investigating the cause of the crash.

The East Midlands Trains' service was travelling at about 75mph when it collided with the car near Tutbury and Hatton station.

Injured passengers

British Transport Police said they got a call from someone telling them a car was stuck on the line.

Moments later the train and car crashed with such impact that the car was thrown off the track into a nearby field.

Two of the 54 passengers on the train suffered minor injuries.

An inquest into his death was opened and adjourned at Derby Crown Court on Tuesday.

The Crown Prosecution Service (CPS) said last November Mr Hakes called the police from a park in Burton, threatening to kill himself.

Firearms offence

He fired the gun while he was still on the phone and then pointed it at the police who arrived at the park. Afterwards he told detectives he only planned to harm himself, the CPS confirmed.

Mr Hakes had pleaded guilty on 4 February to possessing an imitation firearm with intent to cause fear of violence, a CPS spokeswoman added.

Possession of a firearm with intent to cause fear of violence can carry a maximum penalty of 10 years in prison.

People convicted of carrying a firearm or an imitation firearm in a public place face a maximum seven-year jail term.



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Related to this story:
Crossing death rail line reopens (11 May 08 |  Derbyshire )
Man dies in level crossing crash (10 May 08 |  Derbyshire )

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