If you were on the jury

[Prapor]

Back in November of 2010, there was a bizarre incident in Saint Petersburg:

Man killed by car wheel dropped from St. Petersburg highrise

Published: 16 November, 2010, 20:50
Edited: 17 November, 2010, 11:15

VIDEO

A man in St. Petersburg has died after being hit by a car wheel thrown from an upper window of an apartment building.
The incident took place on November 8, but the story was only leaked to the media nearly one week later.
The 44-year old Viktor Gubin was walking home through a residential district when he was struck by a car wheel, complete with its tire. The wheel landed centimeters from the man's feet, then bounced up and struck his head.
The man was hospitalized with head injuries and a broken jaw, dying two days later. Police suspect a group of teenagers seen entering the building may be to blame.
According to some media reports, the wheel was thrown from a balcony of an apartment at the 11th floor by a teenager who got mad at his girlfriend.
Eric, 16, and Daria, 15, were having a heated argument. Enraged, Eric grabbed a heavy wheel lying nearby and hauled it down from the balcony, without pausing to look down.
The wheel landed on the head of Viktor Gubin.
The accident was recorded by the safety video cameras, which allowed the police to detain the teenagers. Eric now faces charges of involuntary manslaughter.

http://rt.com/news/man-car-wheel-high/

The 'lucky' couple

Eric Nikolaev, 16 and Daria Kliukina, 15

Well, Eric was sentenced just now

For reckless activity causing death of a person, he was sentenced to 1.5 years of "reduced freedom". This means he is confined to his family's home at certain times of day; he cannot attend mass events, or change his place of residency. Also, he is required to either attend a educational institution or be employed full time.
But he will not have to serve any time in prison.

The Prosecutors are happy with the outcome. They asked for a milder sentence due to both the young age of the accused, his remorse, and the fact that he has a full life ahead of himself still, he and Daria are to marry in 3 years, he is in PTU (technical school), wants to be an aircraft mechanic. Plus, he has shown remorse, he obviously never intended to injure, let alone kill, anyone with the tire, he threw it in the heat of the moment, the passion of the young.

That's one side. The other is the family and friends of the 44-year old man who died, Viktor Gubin. He had a wife and two small sons. The family say the sentence was far too mild. They point to the fact taht in the security camera footage (in the video on RT site), a young man, presumably Eric, is seen running out into the yard near the building, seeing what had happened, realising what he'd done, and fleeing. He did not, they say, call police or ambulance. He did nothing, just fled.

What do you guys think? If you were members of the jury that sentenced Eric Nikolaev, what would you decide? Is this sentence too mild, too harsh, or just right? Keep in mind that in Russia, sentence for unintentional murder is 20 years in a Siberian prison camp. In the comments on Russian sites, most people say it would be wrong to subject him to that, it would just wreck his life and turn him into a urka, a hardened criminal.

I think the sentence was right. My wife thinks they should have been harsher with him... We are still arguing over it.

I mean, yes, he killed someone. But... he's just a child. To send him off to some penal colony for decades seems wrong.

 

[AFSteliga]

I think the sentence is good enough. As you mentioned Prapor, a Siberian camp for almost as long as I am old is way too much for something like this. Completely unintentional (although chucking a car wheel off the balcony might've been a little much, even for a heated argument...but that's just me), and he showed remorse for what he did. Is he likely going to be a repeat offender? Unless his way of life pushes him that way, I doubt it.

As for the security footage...he's 16 and just accidentally killed someone. I challenge anyone at that age (those with violent criminal records already need not apply) to stick around and call the police instead of bailing as quickly as possible. Kid probably freaked out and didn't know what to do.

 

[Sevens]

I agree with Steliga.

 

[A Can of Man]

I think the guy needs to have a legal obligation to pay the family of the victim a certain percentage of whatever he earns from now on.
It was an accident and the guy was young and stupid so I don't see the point of criminalizing him forever. It's better that he help support the family of the victim.
As for a 1 1/2 year "reduced freedom" sentence... that alone is not good enough.

 

[senojekips]

Yes,.. I think that the sentence shows extraordinary common sense.

Obviously the Judge has put a lot of consideration into this taking into account virtually all of the relevant facts concerning the young man and his future as a responsible citizen of the state.

I wish many of our judges were as thoughtful over their sentencing. The accused will have plenty of time to see the stupidity of his actions without being put into the system that would almost certainly make him a criminal for life.

 

[MontyB]

Yes,.. I think that the sentence shows extraordinary common sense.

Obviously the Judge has put a lot of consideration into this taking into account virtually all of the relevant facts concerning the young man and his future as a responsible citizen of the state.

I wish many of our judges were as thoughtful over their sentencing. The accused will have plenty of time to see the stupidity of his actions without being put into the system that would almost certainly make him a criminal for life.

I agree although I am still kind of confused as to why you would have a wheel in an 11th floor apartment.

 

[senojekips]

I agree although I am still kind of confused as to why you would have a wheel in an 11th floor apartment.

In case you had a flat tyre?

 

[Korean Seaboy]

I would have wanted it to be 1 year of a prison sentence, albeit in a light one. He did kill someone, and if it was the US, it would have been manslaughter
However, it was at the heat of the moment, it was just a freak accident, and he didn't intend to kill him. Yet I agree with A Can of a Man, he may have to pay a percentage of his income to the family due to the potential financial loss the man's death might have brought to the family

 

[AFSteliga]

In case you had a flat tyre?

Oh, I see what you did there...

 

[Del Boy]

I agree with Prapor's wife. A harsher sentence is called for; this guy must have realised the awful risk to life and limb such a criminially dangerous and selfish action presented. He didn't care. The loss of a father of two young children and wife amounts to a life sentence for them - an unspeakable horror for complete innocents.

Lack of murderess intent is of little interest in this case - the likelihood of the dangers of his action were only too obvious.

Perhaps he should have pleaded insanity.

 

[Prapor]

As for why there was a wheel on the balcony, that is perfectly understandable. Balconies serve as storage spaces here. People pile every sort of unused household junk there:

I also agree with Can of Man, about that he should be made to pay the victim's family. Well, I expect they will sue for that anyway.

But I'm also with AFSteliga: he is only a boy still. Give him a break.

 

[MontyB]

Lack of murderess intent is of little interest in this case - the likelihood of the dangers of his action were only too obvious.

Perhaps he should have pleaded insanity.

Actually you are wrong the lack of murderess intent is very important as it means that he wasn't trying to murder anyone at best it was manslaughter.

Don't get me wrong here it was an incredibly stupid act and I probably would have supported a harsher non-custodial sentence which included reparations but I can not see any reason to go much further than that.

Of course had he thrown the wheel at his girlfriend and it went over the balcony and killed the guy I probably would have had a different view, I am not quite sure how the wheel reached the ground as it says "the wheel was thrown from a balcony of an apartment at the 11th floor by a teenager who got mad at his girlfriend." and then in the next sentence it says "Eric grabbed a heavy wheel lying nearby and hauled it down from the balcony, without pausing to look down." these to me are very different actions.

As for why there was a wheel on the balcony, that is perfectly understandable. Balconies serve as storage spaces here. People pile every sort of unused household junk there:

I also agree with Can of Man, about that he should be made to pay the victim's family. Well, I expect they will sue for that anyway.

But I'm also with AFSteliga: he is only a boy still. Give him a break.

All true however I tend to store my wheels on my car and the spare in the wheel well I have a thing about lugging large chunks of my car up 11 floors, I have a tendancy to believe it is one of the reasons you can get into my house without a HAZMAT suit.

 

[Del Boy]

A man who runs down and kills a married father of little children through drink -driving does not intend to do so MontyB, but he should not get his hand smacked as a naughty boy.

As for reperations, it seems to me they are not usually collectable - but at least they should go up to his flat and confiscate the rest of the car.

Then pass him to the Cossacks for judgement. They'll be gentle with him.

I close my case for the defence.

 

[MontyB]

But drink driving is illegal therefore he has killed someone while committing an illegal act, throwing something out a window is not an illegal act just in this case irresponsible.

 

[Prapor]

But drink driving is illegal therefore he has killed someone while committing an illegal act, throwing something out a window is not an illegal act just in this case irresponsible.

Big difference. Most 'bad' drivers here are macho men, the kind even the police won't stop. Like my friend and colleague Marat:

Tough guy. Put this pic on his company pamphlet. That says it all lol Always carries that gun with him, waves it around like he's some American cowboy or something. Drives over 100 km/h, like its nothing to him. I think he's a bit of a moron, but whatever, he's a good fellow. Former Green Beret (Border specnaz). Great shooter, I know, went hunting with him a few times. And yes, he drives recklessly. But he is a good driver though, he's taken special training, when worked as driver-bodyguard for awhile. Now he's head of security for a big shot oligarch and member of Duma, which means he drives with Duma number plates. Full immunity from the law. Police cannot pull him over, not allowed. So he can keep on being a jackass...

 

[Del Boy]

But drink driving is illegal therefore he has killed someone while committing an illegal act, throwing something out a window is not an illegal act just in this case irresponsible.

First of all let me apologise for my inappropriate joke.

Secondly let me say that I only reckon the sentence to be not harsh enough to fit, and would prefer a somewhat longer stretch in somewhere suitable for his age.

Thirdly, I am not pursuing an agenda here, just joining in for the sake of argument.

Right then - Is throwing a lethal object off a high rise balcony not a crime?

And if not, then how about my man not being a drink-driver - but a careless driver who unintentionally kills ? Try that one on for size.

 

[84RFK]

Criminal intent should be taken into consideration in any such case, and I suppose if this youngster had a violent attitude, he would have attacked the girl he was arguing with instead of tossing vehicle spare parts over the rails of the balcony.

The fact that he didn't reflect over the possibility that a spare tyre for an automobile dropped from the 11 th. floor could cause harm when it landed doesn't look too good for his grades on tech school, but still...
He didn't have any intention of killing or injuring another human being.

The fact that he panicked and ran away when he discovered what had actually happened speaks in favour of the idea that this isn't any hardened criminal, and as he doesn't apply to that cathegory it would be far from correct to sentence him to 20 years in a Siberian crime-academy.

 

[84RFK]

Big difference. Most 'bad' drivers here are macho men, the kind even the police won't stop. Like my friend and colleague Marat:

Tough guy. Put this pic on his company pamphlet. That says it all lol Always carries that gun with him, waves it around like he's some American cowboy or something. Drives over 100 km/h, like its nothing to him. I think he's a bit of a moron, but whatever, he's a good fellow. Former Green Beret (Border specnaz). Great shooter, I know, went hunting with him a few times. And yes, he drives recklessly. But he is a good driver though, he's taken special training, when worked as driver-bodyguard for awhile. Now he's head of security for a big shot oligarch and member of Duma, which means he drives with Duma number plates. Full immunity from the law. Police cannot pull him over, not allowed. So he can keep on being a jackass...

.....untill he suddenly meet something that is labeled Ural, Gaz, Sisu, Scania, M.A.N. or another solid and heavy object...then Duma licence plates doesn't mean any difference. :shoothea:

And for our friends on the other side of the pond...the full immunity from the law ends the day you take a sudden decelleration in the bumper of a Mack or Kenworth.

 

[Prapor]

.....untill he suddenly meet something that is labeled Ural, Gaz, Sisu, Scania, M.A.N. or another solid and heavy object...then Duma licence plates doesn't mean any difference.

And for our friends on the other side of the pond...the full immunity from the law ends the day you take a sudden decelleration in the bumper of a Mack or Kenworth.

True, that. lol Well, thing is, it is because of these guys Russia has such a high fatality rate on the roads... Particularly the elite vehicles, which carry oligarchs, big officials, generals, etc.

Nesides their privileged number plates they get these blue roof lights. Flash them, everyone else has to give way. If you don't, well, it's your own funeral, many of those elite cars are armored like a good T-90, some carry so much armor and bullet proof glass and such, they are twice their factory-made weight; and they will ram you, without a second thought. And their bodyguards will then also shoot you too. hehe

These days, in protest against the roof lights, many Russian drivers put blue buckets on the roof of their cars. "Blue Bucket Movement" it is now known as.

"I'm in a rush too"