The Criminal Court No. 2 in Granada held the trial of a 27 year old man that was driving the car that allegedly caused an accident on the A-44 in which a man died and three others were injured in January 2010. The prosecution accused Manuel Santiago HC, who had a positive result in breath tests, of the offense of reckless homicide, two injuries and other dangerous driving. The prosecutor requested a sentence of 3 years and 9 months in prison while the prosecution exercised by counsel Manuel Ocaña, signature Lemat Attorneys, raised its request up to 4 years and 6 months. The defense, meanwhile, called for the acquittal of the accused or, alternatively, a fine or three months in prison. The accident happened just after six o’clock of Saturday January 23, 2010 in the A-44, meaning Motril, at 137,800 km, just before the output Otura-La Malahá, when four employees of a company selling construction materials were on their way to work in a van when they were collided by the car driven by the defendant, who was trying to overtake. The van was projected toward the right side of the road. Skidded, it left the road and crashed into the perimeter fence of the highway to finally dump on his left side falling to the service road. Following the accident, a twenty-two year-old from Cenes de la Vega who occupied the rear of the van died; Two of the occupants were seriously injured and the other mild. The defendant explained that night was spent at a friend’s house playing video game and that he only drank beer. At six o’clock he took his car to go to his home in El Padula, and the accident occurred, according to his version, when the van made somethingh ” strange” at the time he was going to overpass it. “I could not do anything and barely remember anything else. He was scared and nervous, “he remarked, before reiterating that he was able to drive and was going about 100 km / h. The occupants of the van said they always wore a seat belt safety. “It was a sacred rule of the company, ‘said co-pilot that day. Also denied that the van will make a strange or invaded the left wing. Impact on violence, one witness defined it as if they had reached “a missile”.
Civilian guards rushed to the scene ensured that the accused seemed to be drunk. This was confirmed after breath tests. The first, performed at 7:00, gave 0.67 mg. per liter of air, almost triple the maximum allowed (0.25 mg.). Twenty minutes later, the rate was reduced to 0.62 mg. Agents categorically rejected the possibility of the rate of alcohol with only two beers and also ingested seven hours before the test. Regardless of the test, the defendant had “slurred speech, glossy eyes, tired appearance and odor of alcohol.” Also expressed doubt that the van has done “something strange” or changed lanes because “everything happened in the right lane,” said one of them. The two noted that the deceased, who was thrown through a window of the van, was not wearing a seat belt fastened and expressed doubts about the mechanism malfunctions. The trial was seen for sentencing.
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