He crossed the road and caused the death of a 13-year-old who was riding a bicycle correctly. One of the witnesses testified that the perpetrator used the telephone. How is it possible that the man didn’t even have his driving license taken away? Material: Tomasz Patory from “Uwaga! TVN”.
– A friend came to pick up my sons and took them for a bike ride. I told them to come back at 2 p.m. for dinner. They left – recalls Karolina Kowalik.
– I was first, Patryk in the middle, and my brother was last – recalls Igor Kowalik. He adds: – We were going towards Mirów. And suddenly a car came from the other side – a black Seat. He was coming at us at high speed on my brother. Suddenly I saw my brother fall to the ground.
13-year-old Oskar died on the road
“On July 27, 2020, around noon, 44-year-old Artur Z., for unknown reasons, drove to the other side of the road and hit one of three teenagers riding bicycles,” the police wrote later in the statement.
Despite his twin brother’s immediate attempt to help, 13-year-old Oskar’s life could not be saved.
– I ran in that direction, stopping cars for someone to drop me there. My son was lying in a ditch. From what they told me later, I screamed a lot and knelt down for them to save him, says Mrs. Karolina.
– The perpetrator ruined our world, ruined our lives completely, created hell – emphasizes Marzena Kowalik, Oskar’s grandmother.
– My son had plans for the future, he wanted to be a driver and ride trains – adds Oskar’s mother.
The driver did not lose his driving license
The driver of the Seat, questioned as a witness, said that he drove to the other side of the road because he fell asleep at the wheel. To the astonishment of the deceased boy’s family, Artur Z. returned home right after the hearing.
– Mom called and said that she had heard that his driving license had not been taken away and that he was still driving his car and claimed that we wouldn’t do anything to him anyway. And in fact, his driving license was not taken away. He killed a child, and nothing is happening to make him answer for what he did – Mrs. Karolina is outraged.
Why wasn’t the man’s driving license taken away when a child who was driving properly died? – In this case, it was not a mandatory activity, but an optional one. The prosecutor may, but does not have to, replies Agnieszka Borkowska from the District Prosecutor’s Office in Radom.
Three years have passed since the tragic accident, but the prosecutor’s office and the police still do not know why the Seat driver hit the cyclists. Artur Z. himself changed his version of events.
– The accused’s explanation shows that he lost consciousness just before the incident – says prosecutor Agnieszka Borkowska.
However, earlier the man said that he had fallen asleep. – When a person obtains the status of a suspect, we take into account the content of his explanations. Even previously submitted statements cannot be taken into account when assessing the evidence, explains prosecutor Borkowska.
Did he use a phone?
It would seem that the testimony of Patryk, the third cyclist whose speeding car narrowly missed, would be decisive in the case. The boy said that he was sure that the driver was using his phone while crossing the road. This circumstance would be of key importance for the sentence imposed on Artur Z.
– The operator was contacted, billings were obtained and it was not confirmed that telephone calls were made at that time – says prosecutor Borkowska.
However, it was not checked whether the Internet was used, which, among others, allows you to use the chat application. – During the proceedings, telephone calls were verified by obtaining call records. Since we cannot confirm, we cannot in this legal situation assume that the accused was using the telephone at the time of the incident – admits Agnieszka Borkowska.
A chance to find out whether the driver was using a phone was to check the surveillance camera installed along the road. – There are cameras in the store and a bit further in two houses. The police did not secure it, even the CCTV from the store – laments the mother of the boy who died.
The case files show that the police appeared in the store and houses with cameras only a month and a half after the accident. Important recordings were already deleted. We asked why the police did not secure the recordings, and the prosecutor was also there. – These were preliminary activities, the investigation was just starting. Only later were steps taken to secure the monitoring, says prosecutor Borkowska.
Depression and death of Oskar’s father
The expert stated that Artur Z. exceeded the speed limit by 8 km/h during the tragedy. The man’s trial lasted many months. The father of the deceased Oskar participated on behalf of the family.
– When these things started, he couldn’t cope with the fact that we couldn’t do anything. That no one wants to help us – recalls Mrs. Karolina.
– My brother-in-law started blaming himself for everything taking so long. He said he could have called somewhere, maybe the prosecutor’s office, maybe submitted a letter. And he kept saying it was his fault. Later he started seeing a psychiatrist because he couldn’t cope with it anymore, recalls Eliza Kowalik, Oskar’s aunt.
– He fell apart, became depressed and was taken to hospital. Until he finally died. The perpetrator took not only my son, but also my husband, says Mrs. Karolina in despair.
A few months ago, Artur Z.’s trial came to an end. The prosecutor demanded a one-year suspended prison sentence for him.
– The referee of the case took into account the type of breach of caution standards by the driver, as well as his personal characteristics. He has no criminal record and good reputation. This caused the prosecutor’s office to submit such a request, explains prosecutor Agnieszka Borkowska.
– A year’s suspension? Killing a dog costs more, but he killed a child, says Oskar’s mother.
– It didn’t even surprise me, sometimes the law is not on the side of the injured, but on the side of the perpetrators – adds Oskara’s aunt.
– How can it be that a 13-year-old child lies in a grave and he is free? I see him almost every day. I see him doing barbecues and other things, it’s crazy – says Oskar’s grandmother.
The verdict in Artur Z.’s case was not announced due to the judge’s illness. The illness lasted so long that today, when the judge can return to work, the trial – in accordance with the regulations – must be continued from the beginning.
Main photo source: Attention! TVN