Murder! Police charge driver who went the wrong way and killed baby

[aussie11950]

Good news

 

[cardinalblue]

What the hell is drink driving? ...at least get the proper english...

[Thian]

2 hours ago, Formaleins said:

Problem seems to me that if they charge him with murder, they will have to prove he planned to kill the baby, which I would have thought would be easy for a decent lawyer to get him off with.

Sure;y it would have made more sense to have charged him with manslaughter or similar, where intent is not an onus on the prosecution.

So reckless driving with death as result is not punishable in Thailand?

 

He's still lucky there were not many more victims...even in BKK on Chaeng Wattana i've seen cars driving agains traffic...Thailand only krab...kob khun krab....

[TKDfella]

4 hours ago, worgeordie said:

How will a prosecution lawyer 'prove' intent?, I think knowingly driving

the wrong way down a road,should be enough.as it was said he knew the area well.

regards worgeordie

I don't think so. Driving down the wrong side of the road is an attempt to break the traffic law. It might have been attempted suicide but I'm not sure if that deliberately hitting another truck is attempted murder.

[edthhd]

This sort of thing will continue to happen until the police crack down on wrong way drivers who do this just to avoid driving a few extra meters and making a U-turn. This is particularly abused by motorbike drivers who think it has no impact until they meet a motor bike going in the right direction and force him - or her - into traffic.

 

[connda]

Their probably is a translation issue here.  This doesn't fit the legal definition of murder.  Murder generally includes intent or malice aforethought which is still a form of intent.  Prosecution would have to prove intent.  Vehicular homicide?  That fits and should stick. No need to prove intent or malice.  Just prove the idiot was drunk, driving the wrong way on the highway, a killed someone.  CCTV and blood test - slam dunk!

I hope he does a lot of reflection while he's in prison, if he goes to prison.  TIT. 

[BuaBS]

vehicular manslaughter

 

Don't know whether they have that here in Thailand.

[farcanell]

Manslaughter at best... negligence causing death would be what a defense lawyer would pursue. (As he's already admitted culpability)

 

 

[puffy]

19 hours ago, Wiggy said:

I might get slated for this, but I'm worried he'll get off. I can't see how a murder charge can be proven. How will a prosecution lawyer 'prove' intent?

What was the motive? How can premeditated murder be shown to be his intention? Then, with the murder and attempted murder charges dropped, he's left with a drink driving charge only. Not much (if any) jail time for that.

I think the murder charge can stick. In law it is the what a reasonable person could expect in a situation. If you went out with a loaded gun and started shooting into a crowd a reasonable person would expect to kill someone so therefor it would be murder, likewise if you deliberately drive the wrong way in the fast lane of a highway a reasonable person would expect to kill someone this is enough to prove murder.

[Ossy]

6 hours ago, webfact said:

They (the Police) told Daily News they believe that in the circumstances there is sufficient evidence to make the murder and attempted murder charges stick

How much more evidence could they possibly have? Video footage, positive alco-check; what more do they need for the charges to stick? Is the accused in custody or are the cops waiting for him to do a Yingluck? Perhaps the wife gave the cops more than a big pack of lies.

[Grumpy Duck]

5 hours ago, Wiggy said:

I might get slated for this, but I'm worried he'll get off. I can't see how a murder charge can be proven. How will a prosecution lawyer 'prove' intent?

What was the motive? How can premeditated murder be shown to be his intention? Then, with the murder and attempted murder charges dropped, he's left with a drink driving charge only. Not much (if any) jail time for that.

Ordinarily manslaughter and reckless endangerment are lesser included offenses. It is common sense if a person drives under the influence of alcohol (or drugs), there is a knowlege a deadly accident may occur as a result. 

[darksidedog]

5 hours ago, Wiggy said:

I might get slated for this, but I'm worried he'll get off. I can't see how a murder charge can be proven. How will a prosecution lawyer 'prove' intent?

What was the motive? How can premeditated murder be shown to be his intention? Then, with the murder and attempted murder charges dropped, he's left with a drink driving charge only. Not much (if any) jail time for that.

He hasn't been officially charged with anything yet, regardless of the story. The Prosecutor will file an official charge, or indictment after 84 days. The cops have handed him the case files and asked for those charges. I would suspect the final charges will be causing death by reckless driving and the same charge while drunk. He wont be getting off those and rather hefty sentencing to boot.

[sweatalot]

that pixeled foto of the dead baby is of no use - it doesn' contain any information. I wouldn't even know what is on it if I hadn't see an unpixeled  one  before. The big foto would be better without it.

[richard_smith237]

I dont think we need to get hung up on the word Murder - it translates into Thai the same as Manslaughter (one translating as a verb the other as a noun).

 

Its pretty obvious that they mean the drunk driver is being charged with Manslaughter, which I believe is correct, through his poor choices and actions he killed an innocent child. 

 

I would like to see a lot more of these stories whereby in the aftermath of an accident all parties are automatically tested for drugs and alcohol and if not the BiB are charged for failing to do their job. 

 

Much can be improved to act as a deterrent for other self centered people who have no considerations for others no matter their mood / temperament at the time... 

 

 

 

 

[ratcatcher]

59 minutes ago, cardinalblue said:

What the hell is drink driving? ...at least get the proper english...

Are you possibly from the Excited States of America?

 

The English have this term in their lexicon https://www.gov.uk/drink-driving-penalties

[lvr181]

6 hours ago, djayz said:

Good. One person who'll be charged and hopefully sentenced. Better get him behind bars pronto before he runs off. 

Now, let's see if the cops can capture Mr. Coward, errr, sorry I mean "Boss" and put him in front of a judge, too. 

Sure makes a real joke of the PM's recent words to the effect, that "Justice is for All". This cretin driver gets instant arrest and charged (as he should) but the RICH a'hole is still free after killing a policeman! 

 

Not sure what planet the PM is on. But maybe the PM was misquoted? Perhaps he said that "Justice is Selective for All"?  

 

R.I.P. little one and condolences to the family.

[patrick kennedy]

THIS IS FOR WIGGY,how can the two cases be similar,one was going the wrong way drunk the other the benz driver was overtaking on the inside on the wrong lane but going the right way at high speed,and probably drunk and or using his phone or both.Only difference is the benz driver ran and was not breathalysed at the scene.Then he appeared coming out of a temple as a monk .about a week later.Since then he has been jailed for two years,and at the moment as far as im aware he is out on bail awaiting an appeal.

[Wiggy]

1 hour ago, puffy said:

I think the murder charge can stick. In law it is the what a reasonable person could expect in a situation. If you went out with a loaded gun and started shooting into a crowd a reasonable person would expect to kill someone so therefor it would be murder, likewise if you deliberately drive the wrong way in the fast lane of a highway a reasonable person would expect to kill someone this is enough to prove murder.

Fair point, but I think a lawyer would struggle to prove it was a deliberate, premeditated act of murder. Hence it being in the manslaughter bracket for me. Interesting points being raised though. 

[Wiggy]

16 minutes ago, patrick kennedy said:

THIS IS FOR WIGGY,how can the two cases be similar,one was going the wrong way drunk the other the benz driver was overtaking on the inside on the wrong lane but going the right way at high speed,and probably drunk and or using his phone or both.Only difference is the benz driver ran and was not breathalysed at the scene.Then he appeared coming out of a temple as a monk .about a week later.Since then he has been jailed for two years,and at the moment as far as im aware he is out on bail awaiting an appeal.

Similar in the sense of the charges, not the type of collision. Benz guy was initially charged with murder, but that was dropped as there was a lack of evidence. I can see that happening again here. Correct though that Benz guy has been charged now (with causing death by reckless driving IIRC). And last I heard, yes, he is out on bail. 

[patrick kennedy]

The girl that killed the 3 cyclists 3 years ago around Xmas time on the Doisaket road,driving drunk at 6am on her way home with daddys car,just across from the Market,she got 2 years for drunk driving and killing the innocent cyclists,thats nearly one year ago and as far as i know she has not spent one day in the jail,again I assume she has appealed,cases like these seem to die a death,especially if we dont try to remind everyone about them.Red bull the same he is just flouting the law,and apart from not going the wrong way he is every bit as guilty as this man that killed the child.He killed that Policeman,that was bad enough but to then scarper and not try to help the man,or ask someone to help him does not bear thinking about.Regardless who he was he might have survived had he had help,in my book there is no excuse for that horific act.for me he should never see daylight again,he does not belong amongst normal people.not because he is red bull boss,but because of who he is not.Im sure we all know how lucky he is that it dident happen in France or any part of Europe,for that part of his crime alone he would be serving an extra 10 years,i think a total of 15 years and banned from driving for life,and big compensation for the widow,not pennies like it is here.But he was allowed to come and go as he please and even failed to turn up for court about five times,we should all keep these cases alive until something positive is done.

[Wiggy]

1 minute ago, patrick kennedy said:

The girl that killed the 3 cyclists 3 years ago around Xmas time on the Doisaket road,driving drunk at 6am on her way home with daddys car,just across from the Market,she got 2 years for drunk driving and killing the innocent cyclists,thats nearly one year ago and as far as i know she has not spent one day in the jail,again I assume she has appealed,cases like these seem to die a death,especially if we dont try to remind everyone about them.Red bull the same he is just flouting the law,and apart from not going the wrong way he is every bit as guilty as this man that killed the child.He killed that Policeman,that was bad enough but to then scarper and not try to help the man,or ask someone to help him does not bear thinking about.Regardless who he was he might have survived had he had help,in my book there is no excuse for that horific act.for me he should never see daylight again,he does not belong amongst normal people.not because he is red bull boss,but because of who he is not.Im sure we all know how lucky he is that it dident happen in France or any part of Europe,for that part of his crime alone he would be serving an extra 10 years,i think a total of 15 years and banned from driving for life,and big compensation for the widow,not pennies like it is here.But he was allowed to come and go as he please and even failed to turn up for court about five times,we should all keep these cases alive until something positive is done.

I completely agree. Well said. 

[patrick kennedy]

What about the Benz driver that killed the two women passengers in the back of the pickup on Doisaket rd nearly two years ago now,his passport.or rather A passport was found in the car supposed to belong to someone from the uk,nothing has been forthcoming regarding that accident,yet two innocent women are long dead and not a mention.Now we all also know it does not take many minutes for the police to know the details of the car at the very least.maybe not the driver but the owner,there should be an update to all these cases on a regular basis,and we as insured and licensed drivers on these roads deserve to know who  we are dealing with here,we need to know to be able to try to protect ourselves from these maniacs,but as per usual things like this are swept under the table,we need to know why?

[wavemanwww]

Who needs ISIS terrorists driving and killing the innocent when all ISIS has to do is import Thai drivers to USA. England. Spain, France Australia etc

[YetAnother]

8 hours ago, webfact said:

Police have charged him with murder, attempted murder and drink driving.

first charges and third, sure; attempted murder ? please , why not just call it premeditated murder, both are equally absurd; where is the attempted part in all this ?  sure he screwed up about as far as a person Can screw up but this was murder (actually likely manslaughter or the thai equivalent of such)as a result of an accident , nothing 'attempted' about it;

attempted insinuates he saw them and intentionally drove into them; that contradicts what we have been told

[hotchilli]

At last some real justice for a bereaved family... I hope the wife found the fish they argued over tasty & worth it!!

[digger70]

6 hours ago, worgeordie said:

How will a prosecution lawyer 'prove' intent?, I think knowingly driving

the wrong way down a road,should be enough.as it was said he knew the area well.

regards worgeordie

It will not be Murder but it Will be Manslaughter ,,,, Still good for 13 Yrs Jail in a Normal Country .Being Thailand Who Knows ,He could be walking.

[tominbkk]

Possibly some blame to the family with a six month old baby on a motorbike?


Sent from my iPhone using Thaivisa Connect

[Grumpy Duck]

3 hours ago, cardinalblue said:

What the hell is drink driving? ...at least get the proper english...

Been through that argument a number of times, in the US the proper term is "driving under the influence" a common term is Drunk driving drunk is a noun drink as used by British and Australians is a verb 

Noun: a word that is the name of something (such as a person, animal, place, thing, quality, idea, or action) and is typically used in a sentence as subject or object of a verb or as object of a preposition

 

Verb: grammar : a word (such as jump, think, happen, or exist) that is usually one of the main parts of a sentence and that expresses an action, an occurrence, or a state of being 

 

Technically both terms can be considered correct, but I will use the correct legal term in my country "driving under the influence of drugs or alcohol" in some states the term used is "driving while intoxicated". 

[thailand49]

8 hours ago, Wiggy said:

I might get slated for this, but I'm worried he'll get off. I can't see how a murder charge can be proven. How will a prosecution lawyer 'prove' intent?

What was the motive? How can premeditated murder be shown to be his intention? Then, with the murder and attempted murder charges dropped, he's left with a drink driving charge only. Not much (if any) jail time for that.

Hey Wiggy,  Did I read too fast because where you come up " Then, with murder and attempted murder charges dropped, Premediated murder " Did I miss something or you get that from another article?

I do agree when reading the article the charges of murder especially attempted worries me about the case. Obviously he was drinking before the accident and before he stormed off shouted out I'm going to get in my car and drive down the wrong side and kill someone, kick that out! The same for the attempted murder! The wife clearly lied to save her manchild since they are going all out should charge her with perjury unless she comes clean, guess, she will open like a can of Thai sardine.

This is Thailand, not sure they have Manslaughter? but 4-5 people dead any country that is a lot of time when you add up the lives.  Here my greatest fear once it all dies down, he shows remorse to the family whoever is left and sentence gets reduced.

Now that this case is plaster all over if they really want some real answer and what to stem things like this should look deep into their culture of drinking, anger management issue and then basically picking up a weapon ( and car is a weapon ).

Children here imitate their adult figures more than most countries I have been too and seen it first hand for years living in Thailand. The obvious, is the drinking, lack of self control when pushed and then the final product is do something that they regret. This is only one story a very bad and big one but there are hundreds if not thousand that go unnoticed.

In the end, I don't see the guy fighting the charges although label clearly wrong. The guy can't even afford tissue to wipe his ass he does want they all do, he has already confess while be pull out of the vehicle, he does it officially end of story. That is 90% of the cases?

Sad R.I.P. the unlucky one's,  To Wimp, you did your crime not man up and do the time.

 

[wakeupplease]

Did I not read on here the other day it was safer driving local than in the states

 

He must have been smoking something to say that.

 

The worst roads in the world and now you can see why.

 

PS Libya is at war and AK 47's do the killing there.