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“An apprentice driver had an accident in Haldenstein with a stolen car. One of the occupants of the vehicle died and another was injured. “With these words began the announcement of the police of the canton of Graubünden on September 15, 2018. Yesterday the 20-year-old Portuguese, responsible for the death of a good colleague, was Tried in Chur, the charges were intentional homicide, attempted multiple intentional homicide, qualified serious violation of traffic rules, multiple theft of a motor vehicle for use, evasion of the driver and other traffic offenses.
It was not the first time that the then 18-year-old apprentice driver stole his father’s BMW X3 after completing five hours of driving on the night of September 14, 2018 for riot rides with his colleagues. On the cantonal highway between Trimmis and Chur he was driving at 150 kilometers per hour (km / h); on the A13 in the direction of Reichenau, he accelerated the car to 210 km / h. And on the way back, he raced a colleague’s Audi A3 at speeds of up to 204 km / h.
The journey of death
Then, on September 15 at 2:10 am, they drove to the Haldenstein climbing garden parking lot. Without making sure its four occupants were buckled up, the BMW driver returned to the bridge, turned and sped at more than 151 kilometers per hour. In the area of a long right-hand bend, he braked, the car skidded, went off the road and collided first with a sign board and then a high current box. The 17-year-old passenger was ejected from the vehicle. He suffered fatal injuries. Another passenger was injured.
The prosecutor was clear that the defendant accepted a fatal accident while driving with the speeder and therefore acted deliberately. He demanded a prison sentence of six and a half years, a conditional fine of 180 daily rates of 30 francs each, and a fine of 300 francs. The lawyer for the parents of the death victim demanded compensation of 35,000 francs each and compensation of 22,000 francs. The passenger injured at that time requested 7,000 francs of satisfaction and 1,100 francs of compensation.
Underestimated risk
The defense attorney did not consider the murder to be deliberate, but negligent. Your client underestimated risk and overestimated your ability. He never expected such consequences and the passengers also encouraged him to drive quickly. The lawyer demanded a suspended prison sentence of 24 months.
The regional court of Plessur ruled on negligent homicide and danger of life. It set the prison sentence of five years. The conditional fine and the fine were imposed as requested. The parental satisfaction requirement was reduced to 25,000 francs each.
