The defense of the driver, who tested positive for alcohol and drugs, filed an appeal against the provisional prison that has been estimated by the Badajoz Court
The 23-year-old who allegedly drove a car under the influence of alcohol and drugs and caused the death of a cyclist, has been released on bail of 6,000 euros. This has been decided by the Provincial Court of Badajoz after estimating an appeal against the provisional prison imposed by the Court of Instruction number 1 of Zafra on March 22.
As he advanced TODAY, the driver was arrested hours after the accident after leaving the scene of the accident in which he ran over two cyclists. After suffering the accident he fled and had to be located at his home in Fuente de Cantos. Likewise, the Badajoz court decreed that provisional prison before knowing that one of the two cyclists, Pablo Martín Vázquez, 43, died in the hospital due to the injuries suffered.
Now, the Provincial Court of Badajoz considers that the provisional prison is a very exceptional measure and “despite the fatality of the events that occurred, the death of a person by reckless abuse, (there is no data to consider that there is an intentional or intentional homicide ), for whom he allegedly was driving under the influence of alcohol and narcotic substances, the Chamber can only (and should) conduct itself in accordance with strictly legal criteria, “he argues in the appeal order.
The order of the Court also points out that “although it is true that incidentally the acts committed are certainly serious, the death of a person by being run over (due to gross negligence) by whoever was driving the vehicle allegedly under the influence of alcohol and narcotic substances , also leaving the place of the accident, crimes described and qualified in principle correctly in the contested order, it is not less than the provisional prison is a very exceptional measure, and must be justified in criteria expressly established in the Law, “he explains.
The criteria to which the Court refers are those followed by the Zafra court that referred to social alarm, criminal repetition, the risk of flight and the penalties for the crimes attributed to it. The car rejects each of them. For the first, the courtroom maintains that ‘social alarm’ is not a legal criterion for ordering pretrial detention.
Nor does it consider “the possibility of a criminal reiteration, because, among other reasons, the person under investigation has no criminal record and has never been prosecuted or investigated for similar acts,” he says.
Nor does he see that the driver has the intention of fleeing “since the requirement of social roots is met in the investigation, since he has a known and certain address” and, finally, he insists that “the most seriously punishable crime is a ‘reckless’ crime, not intentional, reckless homicide, from 1 to 4 years in prison, “he remarks.
With all this, the court has proposed that a bail of 6,000 euros be imposed, the withdrawal of the passport and the prohibition to leave national territory. Likewise, the 23-year-old will have to appear in court every week until the trial is held.
“We consider it to be a murder”
“Fatal”. It is the first response that comes to mind for Ismael Martín Vázquez, brother of Pablo, after hearing the news of the release of the 23-year-old who was driving the vehicle that ran over the two cyclists.
The family is upset and insists that Pablo’s death cannot only be described as “reckless outrage” as argued in the court order.
“It seems unheard of that before deciding to release the driver from prison, the other cyclist who was accompanying my brother at the time of the accident had not taken a statement,” he tells TODAY. Isamel believes that this testimony is crucial to be able to decide if the arrested driver could be prosecuted for something other than reckless homicide. The appointment to testify of the other victim will be on May 11. “We consider it to be murder. The testimony of the person who accompanied my brother is horrifying », he sentences.
Ismael also shows his disappointment with the defendant because “he has neither asked for forgiveness nor has he shown repentance, nor has he entered a program of anonymous alcoholics or drugs or anything,” he exposes, still hurt by the car.
Ismael appreciates the displays of affection from the population of Fuentes de León. Since a march was held in the town of Badajoz on April 10, a popular initiative has filled the municipality with yellow handkerchiefs as a sign of affection for the family and to ask for justice for Pablo.
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.