{"id":284202,"date":"2025-11-14T15:14:19","date_gmt":"2025-11-14T15:14:19","guid":{"rendered":"https:\/\/www.newsbeep.com\/au\/284202\/"},"modified":"2025-11-14T15:14:19","modified_gmt":"2025-11-14T15:14:19","slug":"man-who-drove-into-floodwater-in-nsw-central-west-sentenced-over-boys-death","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/au\/284202\/","title":{"rendered":"Man who drove into floodwater in NSW central west sentenced over boy&#8217;s death"},"content":{"rendered":"<p class=\"paragraph_paragraph__iYReA\">A man whose car was swept away while trying to drive through floodwater in the New South Wales central west, killing a five-year-old boy, has avoided jail.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The boy died when Joseph El Jer attempted to <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2022-09-24\/sydney-boy-5yo-dies-in-floodwaters-nsw-central-west\/101470910\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/101470910\" rel=\"nofollow noopener\" target=\"_blank\">cross a flooded causeway at Graddle Creek between Narromine and Tullamore on September 23, 2022.\u00a0<\/a><\/p>\n<p class=\"paragraph_paragraph__iYReA\">The 40-year-old, along with three other passengers, managed to escape the car, but the five-year-old boy was trapped inside, with police divers later finding his body in the submerged vehicle.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">In the NSW District Court at Parramatta on Friday El Jer was sentenced to an intensive corrections order for just over a year, and will need to complete 500 hours of community service.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">In handing down his sentence in, Judge Philip Ingram told the court El Jer would also need to complete counselling &#8220;for his risk taking behaviours&#8221; and &#8220;prolonged grief&#8221; over the incident.<\/p>\n<p><img decoding=\"async\" alt=\"rescue workers carry a woman after she was rescued in a dhingy from floodwaters\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/11\/d4b58c6830ed9585bd3b0db0ec36c7a5\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Joseph El Jer and three other people were rescued when he attempted to drive through floodwater in 2022.\u00a0 (Supplied)<\/p>\n<p class=\"paragraph_paragraph__iYReA\">El Jer pleaded guilty to dangerous driving occasioning death and negligent driving occasioning death.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The charge of negligent driving was withdrawn in the court.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">El Jer, who was not in custody, appeared to be emotional during the sentencing hearing, and dipped his head as Judge Ingram recounted details of the incident, and wiped his eyes with a tissue.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">When giving evidence at an earlier sentence hearing in September, El Jer told the court <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2025-09-11\/driver-faces-sentencing-hearing-after-boys-floodwater-death\/105751320\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/105751320\" rel=\"nofollow noopener\" target=\"_blank\">it was &#8220;the worst decision&#8221; of his life and he &#8220;did everything I could&#8221; to save the child.\u00a0<\/a><\/p>\n<p><img decoding=\"async\" alt=\"A memorial cross and flowers.\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/11\/6fd6d1ee536fbef2371044fda3ebf9c6\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">A memorial has been erected for the five-year-old boy who died in 2022 at the Graddle Creek crossing.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">McGrane Way was shut at the time of the incident after up to 150 millimetres of rain was recorded in the district, with court documents stating the flood-level warning indicated a water height of 1.3 metres.\u00a0<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The court heard previously that El Jer had waded through knee-high water to inspect the causeway before deciding to drive on it, before the car stalled and was washed away.\u00a0<\/p>\n<p><img decoding=\"async\" alt=\"cars in floodwater near Tullamore\" class=\"Image_image__5tFYM ContentImage_image__DQ_cq\"  src=\"https:\/\/www.newsbeep.com\/au\/wp-content\/uploads\/2025\/11\/7f73af67d6b0861903fe2f14b97133a0\" loading=\"lazy\" data-component=\"Image\" data-lazy=\"true\"\/><\/p>\n<p class=\"Typography_base__sj2RP FigureCaption_text__zDxQ5 Typography_sizeMobile12__w_FPC Typography_lineHeightMobile20___U7Vr Typography_regular__WeIG6 Typography_colourInherit__dfnUx\" data-component=\"Typography\">Two vehicles were washed into Graddle Creek on the night of the five-year-old&#8217;s death.\u00a0 (ABC Central West: Xanthe Gregory)<\/p>\n<p>Driving warning<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Judge Ingram directly warned El Jer about his driving behaviours during the sentencing hearing, which lasted for an hour and a half.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">The judge said El Jer has an &#8220;extensive&#8221; driving record, including multiple speeding offences and a mobile phone use offence.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;He has been suspended from driving 12 times,&#8221; Judge Ingram told the court.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Speaking directly to El Jer, Judge Ingram urged him to address his behaviours in therapy, and warned him of possible consequences if he were to return to court for driving-related issues.<\/p>\n<p class=\"paragraph_paragraph__iYReA\">&#8220;You should anticipate a far less favourable outcome,&#8221; he said.<\/p>\n<p>&#8220;You know the phrase &#8216;having the book thrown at you?&#8217;\u2026 you&#8217;re getting out of here by the skin of your teeth today.&#8221;<\/p>\n<p class=\"paragraph_paragraph__iYReA\">Construction has started on a bridge over Graddle Creek to replace the causeway, <a class=\"Link_link__kR0xA Link_link__5eL5m ScreenReaderOnly_srLinkHint__OysWz Link_showVisited__C1Fea Link_showFocus__ALyv2\" href=\"https:\/\/www.abc.net.au\/news\/2023-02-16\/graddle-creek-crossing-upgrade-in-central-west-nsw-boys-death\/101977076\" data-component=\"Link\" data-uri=\"coremedia:\/\/article\/101977076\" rel=\"nofollow noopener\" target=\"_blank\">after decades of campaigning from local residents.\u00a0<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"A man whose car was swept away while trying to drive through floodwater in the New South Wales&hellip;\n","protected":false},"author":2,"featured_media":284203,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[164157,23979,24654,94844,43,164156,44,44035,1158,41,39,42,40],"class_list":["post-284202","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-child-death","tag-drowning","tag-floods","tag-floodwater","tag-headlines","tag-joseph-el-jer","tag-news","tag-nsw-district-court","tag-police","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/284202","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/comments?post=284202"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/posts\/284202\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media\/284203"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/media?parent=284202"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/categories?post=284202"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/au\/wp-json\/wp\/v2\/tags?post=284202"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}