Judge: Driving under influence is tantamount to firing a weapon
Remand of Yaron Bracha who allegedly killed six people after running red light extended until end of proceedings.
By Nir HassonTel Aviv District Court Judge David Rosen on Tuesday extended driver Yaron Bracha's remand until the end of proceedings and drew a parallel between Bracha and a man firing a weapon in a crowded area.
Earlier this month, Bracha allegedly killed six people after running a red light and crashing into another car.
His blood and urine samples tested positive for cocaine, marijuana, and three times the legal alcohol levels in the blood, police said.
Attorney Orr Maimon, speaking for the prosecution, justified his request for remand for the extent of proceedings bay saying Bracha's release would be dangerous and that Bracha is a flight risk in light of the severe sentence he is expected to receive.
Bracha's attorney, Yaakov Shklar, objected to the prosecution's request and said Bracha denies having taken drugs prior to the accident.
Shklar also elaborated on Bracha's driving record, which includes only four tickets, saying Bracha was actually "a cautious driver."
Shklar further argued that Bracha is not a criminal or a "mad dog" that would go out and run people over upon his release, and said there is no precedent for remand for the extent of proceedings.
In his ruling, the judge rejected Shklar's claims and wrote the "A person who boards his or her vehicle after drinking alcoholic beverages and/or taking dangerous drugs is tantamount to a person who picks up a firearm and start shooting in a city center bustling with people."
"It is unheard of for such a person to say that he or she did not intend to hurt or kill anyone," Rosen wrote.
Rosen further ruled that there is sufficient evidence that Bracha used marijuana and cocaine prior to the accident, and, therefore, the offence is not negligence, but rather a voluntary and premeditated act. The judge thus decreed that the danger presented by Bracha cannot be combated in any manner other than remand.
The accident occurred earlier in March as five of the victims, all Egged bus drivers, were returning home from work in one car. The sixth fatality was Bracha's twin brother, Eyal. Yaron Bracha was seriously wounded in the crash.
The five Egged drivers were named as Yitzhak Cohen, 42, of Ashdod and four Ashkelon residents: Moshe Ben-Gigi, 44; Aharon Benishi, 55; Michael Kashpur, 28; and Yona David, 51.
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Yaron Bracha, who allegedly killed six people when he failed to heed a red traffic light earlier this month, waiting at the court house on March 14. (Motti Kimche) |
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I want to have a demonstration i/f/o the Israeli Embassy to stress the need for powerful laws for such things in Israel. I live in Crown Heights, Brooklyn. Lubavitcher. I'm working on it. It's a H O R R O R!
B"H Question: how strong are the Israeli laws? If one is very drunk/high, gets into a vehicle (has sense enough to start car, backup, etc.) and someone with a sharp knife puts it to his throat and says: "Stop!" Would he listen? Such should be the power of the laws. More love=stronger laws.
Post #8 sounds like a good summary of how Israeli government and society could do much more in many areas to reduce such catastrophes. More traffic enforcement could surely be paid for by the fines imposed on reckless drivers. If the drinking was at a family party, the mistake his family made in letting him drive cannot be overestimated. The difference in reaction to the carnage on the roads in Israel compared to terrorists attacks seems bizarre. A shrug, at least in the past, to one, and a willingness to turn the world upside down in response to the other.
...that the test for marijuana only shows whether you used it sometime in a period that ranges from the last few days to the last few weeks depending on how often and how much you use. So the test for marijuana no more shows that you were under the influence of marijuana than a test that detected alcohol use of several days ago would. I understand this is an area where the facts mean nothing, but it's worth stating them just for record. It is bitterly amusing that the killer's lawyer makes the claim that the killer was not using (illegal) drugs at the time, as if killing 6 people under the influence of alcohol is not as bad as killing them under the influence of illegal drugs. So when is the last time in Israel that someone under the influence of only marijuana committed a killing. Like I might ever get an answer from the alcohol supremacist crew.
They fly!
It's about time that you have a judge with the GUTS to keep somebody in prison instead of a slap on the wrist like most of the judges in israel.
Congratulations to Judge Rosen. Haaretz, you could do us a great service if you also published the names of judges who give out light sentences for murderous drivers. Kate, #8. Please don't blame us religious Israelis for drivers who kill and maim while DUI.
You are 100% correct in disagreeing with the judge's comments - I'll even go further: The real truth here is that the State of Israel IS a FULL partner in this crime. We have few traffic police (and almost none of them are trained properly). We have no public transportation on weekends (the religious insist). There are NO campaigns or ads encouraging freinds to watch out for each other - to take away car keys - to call taxis - etc. There is NO education on intoxication and what it does to judgement. There are No rules or laws in pubs, bars or disquoteques. There are NO check stops outside popular night spots.... need I go on? These trajedies will continue until our government STOPS trying to pander to religious ghetto mentality and starts behaving with national responsibility.
I agree with the judge almost completely but with the following exception: A person under the influence is incapable of making the decision of whether to drive home or not.therefore the Judges comment of "A person who boards his or her vehicle after drinking alcoholic beverages and/or taking dangerous drugs is tantamount to a person who picks up a firearm and start shooting in a city center bustling with people" is incorrect. In Australia we have designated drivers, taxis and responsible barmen and "friends don't let friends drink and drive". This approach works, theatrics don't. Revenge may be sweet but its not a solution. My 2c.
Finally a judge who does his job.Hope the Judge Rosen does not stop here.Let him be appointed to the supreme court as to install more severe sentences against these killers behind the drivers wheel.May Judge Roesn be blessed with a long life against these drivers.
Keep him behind bars and away from the roads for a long, long time. My sympathies to the families of all the victims for their losses, and to the families of all road fatalities. The way people drive out here how many can truly be called the victims of 'accidents'?
As the mother-in-law of a young man who was run over on his bicycle by a young man in a car who had been partying, I strongly support Judge Rosen. After over 2 years, my son-law is in constant pain & discomfort. HE will suffer all his life because of this.The effect it has had on our family has been devastating.
At last a serious Judge tackling a serious issue with a serious result. Its time in Israel to deal with such a high death rate on the roads. Severe punishment is a start. - Thank you
about time that a Judge spoke out and about time that drivers who have many prior misdemeanors have their licences revoked.
Thank you, Judge Rosen, for calling the baby by its name. Accidents to happen, but reckless driving - speeding, or under the influence, or for kicks - is manslaughter. If he calls it murder I won't object. It's high time we got out of the habit of letting bad things happen and then weeping and wailing when they do.