Exemplary sentence: 13 years in prison for the suicide bomber who "intentionally" killed a minor on the C-17 highway.

BarcelonaThe Barcelona Court has sentenced a suicide driver to 13 years in prison for "intentionally" killing a 17-year-old girl in a head-on collision while driving the wrong way, drunk and high. The accident took place on the C-17 highway near Gurb (Osona), in March 2018. Seven years later, the court concludes that this resident of Sant Hipòlit de Voltregà acted "with manifest disregard for the lives of others" by entering the road in the deceleration lane and continuing in the same direction as other drivers.

The man, tried last month, also faces a suspension of his driver's license for the next nine years, as well as five years of supervised release upon his release from prison. He will also have to pay almost €400,000 in compensation to the minor's family. The case was heard by a jury that unanimously found the defendant guilty. Now the Court has sentenced him based on this verdict and upholding the prosecution's arguments and request.

The accident occurred in the early hours of March 4, 2018, when the convicted man, a 47-year-old man, entered the C-17 highway near Torelló in a deceleration lane and going the wrong way. The man traveled for more than 12 kilometers in the wrong direction at 145 kilometers per hour—far exceeding the speed limit—until he collided with a vehicle, resulting in the death of the young woman, who is linked to the town of Manlleu in the province of Huesca. Traveling with the victim were her father, a cousin, and a friend, all of whom have suffered physical and emotional scars as a result of the accident. The Court is also seeking up to €117,000 in compensation for the injuries caused.

Sentence for intentional killing

The sentence establishes that the defendant is guilty of "intentionally causing the death" of the minor, who was riding as a passenger in the vehicle that the defendant, drunk and high, crashed into while driving under the influence of alcohol and cocaine with "manifest disregard for the lives of others." In the breathalyzer test, the man tested positive for 0.62 milligrams per liter of blood, more than double the legal limit. In the indictment, the Prosecutor's Office indicates that he was even much higher at the time of the accident.

This intentionality, as pointed out in the sentence, is the key to explaining why this case resulted in a much longer sentence than most trials for deaths in road accidents. These cases usually result in a conviction for negligent homicide, which carries significantly lower sentences than the 13 years imposed in Thursday's sentence. Thus, homicide due to less serious negligence carries a fine, while the Penal Code punishes homicide due to serious negligence with between one and four years in prison. Conversely, when negligence is excluded, homicide carries a sentence of between 10 and 15 years.

Ignoring warnings

The judge emphasizes in the harsh sentence that the driver put the lives of other road users at risk, as he drove in the wrong direction and at "high speed" while "consciously" driving. On this point, the sentence indicates that the driver "showed absolute indifference to the dangerous situation created" by his behavior, which he did not desist from despite warnings from other drivers and police patrols that tried to intercept him. The defendant's driving was "aggressive" and "manifestly reckless," she emphasizes.

"These indications, in addition to being numerous and naturally interlinked, point in a single direction: that the defendant's intention was to accept the possibility of a fatal outcome as a result of his actions if it were to occur—as it did—," the ruling states. According to the judge, the convicted driver's cognitive ability and ability to control his actions were not impaired due to his heavy drug and alcohol use, and she maintains that "these factors did not influence the defendant's driving or decision-making." On the contrary, the ruling emphasizes that he drove "skillfully" for several stretches of the road.