A PLYMOUTH woman has told the jury in a death crash trial in New York how she found out her father had been killed by a runaway bin truck.

Jodie Hardie, 20, from Plymouth gave evidence in the trial of an epileptic driver accused of murdering a South West couple on holiday in New York.

Nikita Timmins, 14, from Yeovil, said her mother Jackie Timmins, 47, had bought tickets for herself and partner Andrew Hardie, 48, from Plymouth, as a birthday treat for him and a dream holiday for her.

53-year-old Auvryn Scarlett was behind the wheel of a rubbish truck when it mounted a kerb near Madison Square Garden in February 2008, crashing into the couple.

It is alleged he failed to take medication to control his epilepsy prior to the incident.

Epilepsy expert Dr Arthur Grant yesterday testified that tests showed that there was little or no trace of the drug dilantin at the time of the crash.

Scarlett had been on the medication to control his fits but stopped taking it up to two weeks prior to the accident, it is alleged. Dr Grant said without the drug, the chances of a seizure were far higher.

Dr Grant told the court that epilepsy medication can “completely prevent seizure in two-thirds – 60 per cent to 70 per cent – of patients”.

Asked by assistant district attorney Christopher Ryan if this meant fits would not reoccur while on the drugs, the expert replied: “Yes.”

Before closing their case, prosecutors brought in the children of the victims so jurors could get an idea of the kind of people they were.

Nikita was shown a picture of her mother, before explaining to the court the reasons the couple – who had been together for about two years – came to New York.

“Her and Andrew came over because it was mum’s dream holiday and she paid for Andrew because it was his birthday,” said the Yeovil teenager.

The 14-year-old said the last time she spoke to her mother was on the day of the accident.

While Nikita gave evidence, one of her three elder brothers wept in the public gallery.

Jodie Hardie was also shown a picture and confirmed it was her father Andrew.

“It was his birthday on the 7th and it was his birthday present from Jackie,” said the 20-year-old.

The Plymouth woman also recalled the moment she was told of her father’s death.

“The police went to my mum’s house in the early hours of February 14. I was out with friends at the time and when I came back she told me and then told my brother.”

Over the weekend, some family members visited the sight of the incident for the first time.

The case is due to resume today with closing statements.

Scarlett faces 15 years to life if he is found guilty of two counts of second degree murder and one of assault in the first degree relating to another pedestrian injured in the incident.

However, the jury will be offered the lesser charge of second degree manslaughter.