Autobahn Speed Killer Gets Probation
July 29, 2004The Karlsruhe district court on Thursday upheld the verdict against "Turbo" Ralf Fischer, the man who was accused and sentenced for causing the death of a young woman and her infant daughter on the A5 autobahn in July 2003. However, the former Mercedes test driver's 18 month prison sentence for negligent manslaughter and endangering traffic was reduced to a year's probation after the appeal hearing.
"The court has no doubt about the accused's guilt," Judge Harald Kiwull said on Thursday. Fischer was sentenced in February this year to one and a half years in jail. The defense had sought acquittal on the appeal and has said it will now take the case to an even higher court.
Defense claims mistaken identity
Fischer's lawyer argued that his client's identity was mistaken with another driver. Fischer, 35, could not have been behind the wheel of the Mercedes that caused the crash through aggressive tail-gating, lawyer Georg Prasser said.
Prasser said Fischer had filled up at a gas station at 5:22 a.m. on July 14, 2003 and could not have made it to the crash scene by 5:58 a.m. when the Kia compact driven by 21-year-old Jasmin A. swerved off the road.
The prosecutors however argued that Fischer had more than enough time to have been at the accident site and cited witnesses who described seeing his car at the scene and speeding away. On the day of the accident, the prosecution claimed, Fischer was tail-gating the Kia while on his way to a car test-track in the northern city of Papenburg in a company-owned, dark Mercedes SLK.
Startled by his aggressiveness and speed, the woman lost control of her car while swerving to change lanes. The car crossed two lanes and smashed into some trees, killing the woman and her 2-year-old daughter instantly. Prosecutors claimed that Fischer then sped off from the scene.
Police said they had finally found Fischer on the basis of petrol station receipts, mobile phone records and the testimony of a witness.