The prosecutor wants the case against the kamikaze driver who caused the fatal accident on the AP-7 in La Jonquera (Girona) when he was driving against the direction fleeing from the French police on June 10 to be investigated for intentional homicide and, therefore, that the case ends up judging a popular jury.
In a brief presented in court, the Prosecutor's Office argues that the reason for the person being investigated for driving in the wrong direction was not "the result of a mistake", but rather because he had 15.20 kilos of marijuana and 1.32 kilos of hashish in the car. and he did not want to be caught: "It was necessary to represent as probable that he could collide head-on with a vehicle causing the death of a person, as it happened." The victim was a 61-year-old man.
Shortly after eleven o'clock at night on June 10, the Mossos d'Esquadra coordination room received notice of the accident at kilometer point 1 of the AP-7, heading north. The reconstruction of the facts indicates that the person investigated was driving a car in the direction of France when he detected the presence of the French National Police. Then he made a U-turn and started going the wrong way on the freeway.
Another driver, who found the car with faces, alerted the agents, who chased the vehicle to intercept it.
The suspicious car ended up colliding head-on with another vehicle that was driving "correctly". As a result of the collision, the driver and sole occupant of the other car was killed instantly.
The victim was a 61-year-old man of Polish nationality, according to the Servei Català de Trànsit (SCT). The driver who caused the crash, 22 years old and of French origin, suffered minor injuries.
Inside the vehicle, the agents located drugs. Specifically, there were 15,290 kilos of marijuana spread over two bags and 1,320 kilos of hashish. The Mossos d'Esquadra arrested the driver.
The man was handed over to the investigative court 6 of Figueres on June 12. The magistrate decreed provisional prison, communicated and without bail for crimes against public health, against road safety for reckless driving with contempt for the lives of others and homicide due to serious imprudence.
The prosecutor in the case, Víctor Pillado, considers that it was not imprudent but an intentional homicide due to eventual intent because the driver "had to consider it probable" that, driving in the wrong direction on the AP-7, he could cause an accident "causing the death of a person, as it happened". For this reason, he wants the investigation to continue for intentional homicide and for the case to be tried by a popular jury.
In the document that he has presented in court, the prosecutor indicates that the accident was not "the result of a mistake": "The person under investigation, at the moment of making the U-turn in the lane, seeing vehicles face to face and even dodging One, at highway speeds, must necessarily consider a head-on collision resulting in death as probable."
When he went to court, the driver denied the facts and claimed that he was traveling as a companion in the vehicle and that he did not know that there were drugs.
Now, his lawyer, Daniel Muntada, has affirmed that the person investigated will assume responsibility but points out that the driver did not imagine at any time that he could kill someone. "He is a young man with no police or judicial record. He made a series of bad decisions but, at that moment, he was under the stress of fleeing from the police and he did not imagine what could happen," he remarks.
However, the prosecutor supports it with jurisprudence of the Supreme Court concluding that causing the death of a person by driving in the opposite direction is a crime of intentional homicide, which also increases the range of penalties that could be imposed on the defendant (of the 4 years and a half maximum for reckless homicide to the 15 maximum sentence for intentional homicide).
