3 Years Prison for Daniel Viñals’ Killer
The family of Daniel Viñals will appeal the sentence
The driver (MMB) who fatally ran over the cyclist has been sentenced to 3 years and 4 months in prison. MMB, who was 23 years old, tested positive for alcohol, cocaine and amphetamines.
The driver who ran-over and killed cyclist Daniel Viñals in Ibiza in April last year has been sentenced to three years in prison for a crime of reckless driving and serious negligence, and an additional 4 months and 14 days in prison for the crime of omission of duty to provide help (in that he fled the scene).
The Viñals family plans to appeal the sentence on the grounds of being insufficient in relation to the crime committed.
In addition, the sentence issued by the magistrate of the 2nd Criminal Court of Ibiza has banned MMB from driving for 4 years.
6,000€ ‘Mitigation’ Payment
The judge took into account the “mitigating circumstance to repair the damage of the offense of reckless driving the fact that the accused paid, one week after the accident, the amount of 6,000 euros before the Court of Instruction to alleviate, as far as possible, the damage caused.” It is also highlighted that the convicted person submitted to the consideration of the parties “the possibility of selling the high-end vehicle that he was driving” in order to increase this amount. Editorial Comment: Though this will seem odd to those used to the British and Irish justice system, it is quite normal in Spain for a financial penalty paid to the family of the victim to be considered as part of the sentence imposed.
The driver, who was 23 years old when the events took place, has been incarcerated in Ibiza Prison for the past 13 months.
Positive for Alcohol, Cocaine and Amphetamines
The fatal accident took place on April 29, 2017 on the road between Sant Antoni and Sant Josep when MMB, who tested positive for alcohol, cocaine and amphetamines, ran over and killed Daniel Viñals and injured a second cyclist.
The judge has refused to impose the legal minimum of two years in prison, despite the attenuating circumstance of reparation for the damage, because the convicted was already punished for driving under the influence of drugs in 2015.
In the case of the crime of omission of the duty to provide help (fleeing the scene), the magistrate said that there is an “incomplete defence of transitory mental disorder due to alcohol intoxication and drugs”. Editorial comment: Setting all the Spanish legalise to one side, in essence what happened was that the defence claimed the driver was too off his face to understand his legal responsibility to stop and help when he ran the cyclist over.
The magistrate emphasises that criminal responsibility cannot be modified “by the simple habit of drug consumption, nor is it enough to be a drug addict at one or another scale to claim the application of mitigating circumstances”.
In responding to this aspect of the defence the judge acknowledged that the defendant had “depleted” his faculties but said (to the effect of) “it was not as if he was in an ethyl coma that leaves people immobilized.”
The criminal judge number 2 of Ibiza considered it “impossible” that the condemned “did not feel or hear the impacts” after running over the two cyclists, particularly in light of the evidence of damage suffered by the vehicle on its side.
“Cyclists are located at the height of the window of the vehicle, so the vision exists,” he said in his ruling.
The sentencing determines that this is a case of reckless driving “by omission of the most elementary diligence required of every driver” so, that April 29, there was “an evident and concrete danger” for the life and integrity of the people “that ended unfortunately with the tragic result of a fatality and another serious injury”.