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Miami, FL - Truck Driver Gets 36-year Prison Term for Crash That Killed Jewish Family |
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![Flavio Santisteban, driver of a gasoline tanker, was convicted of four counts of vehicular homicide for causing a fiery crash that killed four on I-595 on Feb. 11, 2005. [(Josh Ritchie, SunSentinel]](http://www.vosizneias.com/wp-content/uploads/2008/12/flavio.jpg "flavio")
Flavio Santisteban, driver of a gasoline tanker, was convicted of four counts of vehicular homicide for causing a fiery crash that killed four on I-595 on Feb. 11, 2005. [(Josh Ritchie, SunSentinel]Miami, FL - A Broward County judge sentenced Flavio Santisteban a former truck driver to 36 years in prison for causing a fiery crash that resulted in the deaths of four people nearly four years ago.
Santisteban, 37, was convicted in September of four counts of vehicular manslaughter for what happened on Feb. 11, 2005.
Santisteban was driving a gas tanker carrying more than 9,000 gallons of fuel when the truck skidded out of control as he tried to merge onto the on-ramp to Florida’s Turnpike from Interstate 595. His truck flipped onto a 2001 Mercury Sable station wagon carrying the four people and exploded.
Eyewitnesses stated Santisteban attempted to run toward the blaze in an effort to save people in the car, but was restrained by passing motorists. He suffered significant burns to his hands and face.
‘‘I would have laid my life to save just one. I feel deeply for the families,’’ Santisteban said through an interpreter during sentencing. ``I did not start out that day with intentions to kill or hurt anyone. I went to work. It was an accident.’‘
Three people burned to death in the car. The fourth escaped and stumbled into a nearby pond, where he drowned, according to the Broward County medical examiner.
Killed were Anita Epstein, 83, of Coconut Creek; Gloria Halpern, 56, of Potomac, Md.; her brother, Alan Klein, 52, and his wife, Deborah Klein, 49, both of Cherry Hill, N.J.
Lisa Klein speaks to the court during the sentencing hearing for Flavio Santisteban, driver of a gasoline tanker who was convicted of four counts of vehicular homicide for causing a fiery crash that killed four on I-595 on Feb. 11, 2005. Klein lost her mother and father during the crash.‘‘He killed four people. When they died, he killed us, too,’’ shouted a tearful Gertrude Pastelnick, Deborah Klein’s mother. ``I have sleepless nights. I hear them screaming while they are burning.’‘
The victims’ relatives filed a wrongful death lawsuit against Santisteban, which was recently sent to arbitration for a potential settlement. The family contends that he was fatigued from working long hours and was driving without breaks in order to receive bonuses from his company.
Prosecutors said Santisteban was driving as fast as 60 mph and was cutting motorists off as he entered the on-ramp to the notoriously dangerous interchange. The posted advisory limit was 35 mph.
Experts testified a truck the size of Santisteban’s would roll over at 42 mph.
The Florida Highway Patrol concluded that Santisteban—who had been cited for driving violations at least 10 times—operated the truck ``with reckless disregard for human life.’‘
‘‘Maybe this will be a lesson to all truck drivers that you are accountable for your actions,’’ said Sari Weinstein, Deborah Klein’s sister.
Despite being asked several times by Judge Jeffrey Streitfeld if he was remorseful, Santisteban refused to take blame for the accident. Streitfeld said he would have considered a lighter sentence if Santisteban had admitted wrongdoing.
Lance Armstrong, Santisteban’s attorney, said his client equates saying he was wrong with intentionally trying to hurt someone.
‘We were in the hospital and he told me, `I saw them. I saw them. I just couldn’t reach them,’ ‘’ Rolando Avila, a close friend of Santisteban’s, said through an interpreter. ``He is a good person. He does not deserve to be in jail.’
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Read Comments (55) — Post Yours »
1
Dec 16, 2008 at 09:11 AM Jersey 2 Says:
What a rediculous story things happen this guy does not deserve an hour of jail. I hope the faily feels good that someone is going to jail for no reason.
2
Dec 16, 2008 at 09:11 AM moish Says:
i dunno... bottom line 4 proplr died
3
Dec 16, 2008 at 09:06 AM Anonymous Says:
Justice would have been served with a sentence of half that. Deliberate murderers with guns don't even get that much time, and yes, while the punks get all teary and "remorseful" , their tears are for pity on themselves, and the only thing they are sorry about is that they got caught. This unfortunate driver was reckless, Not evil.
4
Dec 16, 2008 at 09:55 AM Anonymous Says:
“ Justice would have been served with a sentence of half that. Deliberate murderers with guns don't even get that much time, and yes, while the punks get all teary and "remorseful" , their tears are for pity on themselves, and the only thing they are sorry about is that they got caught. This unfortunate driver was reckless, Not evil. ”
Driving a gas tanker recklessly is evil and he is a murderer.
5
Dec 16, 2008 at 09:53 AM Anonymous Says:
“ What a rediculous story things happen this guy does not deserve an hour of jail. I hope the faily feels good that someone is going to jail for no reason. ”
Obviously, you aren't related to the family who was killed because of this guys reckless driving.
6
Dec 16, 2008 at 09:52 AM Anonymous Says:
“ What a rediculous story things happen this guy does not deserve an hour of jail. I hope the faily feels good that someone is going to jail for no reason. ”
For no reason??? What great regard you have for human life!
Al pi halochah a go'el hadom for any of his victims could kill him and not be punished.
7
Dec 16, 2008 at 09:51 AM Trucker Says:
“ What a rediculous story things happen this guy does not deserve an hour of jail. I hope the faily feels good that someone is going to jail for no reason. ”
Reckless driving cannot be condoned
this was not an accident he was going almost twice the legal limit!!!!
8
Dec 16, 2008 at 09:49 AM Anonymous Says:
“ i dunno... bottom line 4 proplr died ”
It's sad that people died but this sentance is excessive and unnecassary
9
Dec 16, 2008 at 09:49 AM dee Says:
I doubt he'll sit for anywhere near the 36 years of his sentence. But hopefully the message will come across - that driving is a responsibility. Just because he didn't intend to hurt anyone - he didn't come towards them with a loaded AK-47 - he was driving without regard to what might happen to others if he wasn't as careful as he should have been. It's a lesson we all need to remember every time we get behind the wheel - even if it's not a tanker loaded with 9000 gallons of flammable fuel.
10
Dec 16, 2008 at 09:44 AM Anonymous Says:
There are actual killers out there who are not being convicted. here we have a regular guy who happened to get into a car accident and the unfortunate happened being convicted.
11
Dec 16, 2008 at 09:44 AM Anonymous Says:
Truck drivers (& all drivers): take a lesson from this, don't drive when u r tired, don't speed, don't pass recklessly and fast, makw sure ur brakes are good, etc. etc.
Cuz if u do,
U R GUILTY!
If u start out or continue ur trip with any of the above conditions, then yes, u INTEND to hurt someone!
12
Dec 16, 2008 at 09:44 AM Jake Says:
“ What a rediculous story things happen this guy does not deserve an hour of jail. I hope the faily feels good that someone is going to jail for no reason. ”
According to your logic he's owed a
reward for trying to save them
how pathetic.
13
Dec 16, 2008 at 09:41 AM Anonymous Says:
tell me how many truck drives have a good driving record.
14
Dec 16, 2008 at 09:33 AM Anonymous Says:
fatiuge, reckless, speeding, no brakes, passing recklessly, & all this with a 9000 gallon GAS tanker, & u call this "nothing"?!
15
Dec 16, 2008 at 09:30 AM Leaseguy Says:
hello people, this guy is driving ab moving bomb, and he doesnt even speak or understand english? notice the headphones,,everything was done thru an interpreter,
what about his employer,,shouldnt they bear some resposibility as well ?
16
Dec 16, 2008 at 09:28 AM Yankle Says:
Common guys you dont drive a truck with 9000 gallons of gasoline into a 35 MPH ramp at 60 MPH, the driver was woofully reckless,he never admitted that he was wrong, so what do you expect the judge to do?
17
Dec 16, 2008 at 09:26 AM mom Says:
this guy really doesn't deserve 36 years in jail, that's redicilious!
18
Dec 16, 2008 at 10:02 AM Anonymous Says:
“ this guy really doesn't deserve 36 years in jail, that's redicilious! ”
True, he deserves life but 36 years is probably the most the judge was allowed to give him.
19
Dec 16, 2008 at 10:00 AM Anonymous Says:
“ Justice would have been served with a sentence of half that. Deliberate murderers with guns don't even get that much time, and yes, while the punks get all teary and "remorseful" , their tears are for pity on themselves, and the only thing they are sorry about is that they got caught. This unfortunate driver was reckless, Not evil. ”
So the other killers should also be in jail for this long.
20
Dec 16, 2008 at 10:54 AM Anonymous Says:
Is he a legal citizen? I wonder.
21
Dec 16, 2008 at 11:18 AM Anonymous Says:
Yes, it was an accident, .... well ... to some extent.
But, outright negligence reduces the "accident" portion or the incident.
1) EVERY truck driver is taught he may not drive more than so many hours. They are required to keep log books showing the hours on duty and hours off duty, etc., He knows that if he drives too many hours it has the same results as driving drunk.
2) EVERY truck driver is taught the importance of taking turns properly, at the proper speed. It is common knowledge that speeding on turns causes trucks to flip over.
4) EVERY tanker truck driver is taught that there are safety rules specially for tankers, as they have special safety issues.
4) There are two types of trucks that ALL TRUCK DRIVERS know are the worse risk of overturning on turns: Swinging Beef, and Liquid. The worse being Liquid tankers, especially if the tank is not full. The forces of the turn cause the liquid to climb the walls of the tanker towards the outside of the turn, and throw the weight against the wall of the tank on the outside of the turn. This can easily turn a truck over.
So, when you are driving a 12,000 gallon or larger tanker, with only 9,000 gallons of gasoline, you are driving a BOMB and you know it. It requires you to take every turns SLOWER than the posted speed!
By the way, the force of 9,000 gallons at only 6 pounds per gallon, the mass of gasoline, would be at much as 63,000 pounds of pressure. If the component of the added pressure against that outside wall was only 1/4 of that, it is still like the truck being hit on the side by a 7-Ton object.
All tanker drivers know this. He was a tanker driver. He knew this.
Calling it an accident, is therefore not 100% right, since there was much CRIMINAL neglect in this matter. He should not have been driving, he should have been sleeping.
He was driving too fast, clearly speeding.
He was driving MUCH too fast for the conditions, too fast for the type of vehicle, too fast for the load he was carrying, and too fast for that turn!
It therefore WAS Homicide.
If you take your gun and discharge it in a crowded room, trying to hit a target on the opposite wall. Let's say the room is crowded like at a big party with people milling around, and you are not intending to hit anyone, you just want to shoot the person in the picture on the wall. But you do hit and kill someone. Can you say, "Well, I didn't intend to hit anyone. It was an accident."?
Of course not.
This is the same here.
He had the responsibility of controlling a major weapon, and he failed to take the normal precautions. He was grossly and criminally negligent.
It WAS homicide.
If it were truly an accident, he would not really deserver prison, no matter that people dies. But in this case it was homicide.
And, YES, many drivers have been driving 30+ years with clean, perfect records. They are professionals, and are angry at maniacs likt this man making a bad name for them.
22
Dec 16, 2008 at 11:17 AM Anonymous Says:
well, if he was driving violations 10 times, then it means this was his normal driving pattern. He should of known that one day, something like this could happen.
23
Dec 16, 2008 at 11:38 AM Heimishe Bus driver Says:
“ hello people, this guy is driving ab moving bomb, and he doesnt even speak or understand english? notice the headphones,,everything was done thru an interpreter,
what about his employer,,shouldnt they bear some resposibility as well ? ”
Oh, they only drive trucks in America, do they! Since when do you need to speak English to operate a truck. He could have learned how to drive a truck anywhere on this planet.
You have a point with the employer part, they are probably more responsible for this accident than the driver is as they probably send him out without checking his logbook to see if he had enough rest. But that is to hard to prove. Easier to make the driver the korban and go after the money in the insurance policy.
I wonder how much the lawyers got. Probably half the money. It is a sad story but to convict a driver for 36 years? come on.
24
Dec 16, 2008 at 11:30 AM Heimishe Bus driver Says:
“ Driving a gas tanker recklessly is evil and he is a murderer. ”
Did you ever drive a truck that size ? Have you ever sat in the cab of a tractor trailer and drove down the highway for a few miles ?
I thank Hashem every time I park a truck or bus after a day driving around that by his mercy no one got hurt. People drive their cars in such reckless manner just to get 3 cars ahead in traffic or to get to the next light. When you try to merge into traffic or change lanes even when the car is way behind you, cars will speed up just so the don't have this big truck in front of them. I see this happen every day specially with older drivers.
I don't know what happened in this case but I know for sure that he did not do this intentionally and after driving buses, school buses, trucks and tractor trailers for almost 20 years I can tell you that there is always two sides to the story and the fact that he got sentenced this way has nothing to do with the truth but with the fact that 95% of people do not understand how large vehicles operate and how to behave around them, including the jury's and the judges prosecuting these cases. They have never spend a day behind the wheel of a truck or bus and most of them don't have a CDL License so they are looking at it from their perspective in which case the commercial driver always loses.
Next time anyone sees a truck or bus just slow down and don't cut them off when you need to change lanes to get to your exit. A car weighs 3000 pounds, a truck 80,000. You don't even save 2 minutes with all that lane changing. A truck or bus needs 50 to 70 feet to stop, if you go into that space with your car you just took away the space the driver needs to get to a save stop.
Be safe. Give large vehicles lots of room and everybody get's home safely.
25
Dec 16, 2008 at 11:28 AM Anonymous Says:
“ It's sad that people died but this sentance is excessive and unnecassary ”
The judge said he would have reduced the sentence if the driver would have shown remorse and admitted he was irresponsible for speeding and for driving without a rest break.
I mean, really, cutting off cars on a highway entrance ramp - with a gas tanker?? Going more than 60 mph on a highway entrance ramp with a gas tanker?? What was he planning to do if he got to the end of the ramp and there was no room to get on - slam the brakes on his mega-truck?
26
Dec 16, 2008 at 11:24 AM Anonymous Says:
“ What a rediculous story things happen this guy does not deserve an hour of jail. I hope the faily feels good that someone is going to jail for no reason. ”
He deserves to got o jail just as a drunk driver would deserve the same. On a ramp where the speed limit was 35, he was driving more than 60 miles per hour, knowing full well that his truck was full of explosives and could rollover at 42 miles per hour.
Furthermore, there are stringent laws in place requiring driving breaks so drivers don't get so tired that they make mistakes like this. This driver had ignored this law and driven through his breaks so that he could earn an extra bonus - but by driving under extreme exhaustion, he was knowingly putting other motorists at risk. He placed his own personal gain above the welfare of others - and he was driving a truck full of explosives!
Just as a drunk driver "means no harm" but goes to jail if their negligence causes death, so must truckers like this do the same.
27
Dec 16, 2008 at 10:17 AM Anonymous Says:
If somone can get 845 years for a white collar crime what's wrong with 36 years for murder ?
28
Dec 16, 2008 at 10:08 AM Anonymous Says:
“ this guy really doesn't deserve 36 years in jail, that's redicilious! ”
Please stay with your day job, and don't become a law student.
29
Dec 16, 2008 at 12:25 PM Anonymous Says:
“ this guy really doesn't deserve 36 years in jail, that's redicilious! ”
I assume then that you also have a problem with the halachah of go'el hadom.
30
Dec 16, 2008 at 12:18 PM Anonymous Says:
“ Oh, they only drive trucks in America, do they! Since when do you need to speak English to operate a truck. He could have learned how to drive a truck anywhere on this planet.
You have a point with the employer part, they are probably more responsible for this accident than the driver is as they probably send him out without checking his logbook to see if he had enough rest. But that is to hard to prove. Easier to make the driver the korban and go after the money in the insurance policy.
I wonder how much the lawyers got. Probably half the money. It is a sad story but to convict a driver for 36 years? come on. ”
Heimishe Bus driver wrote: Oh, they only drive trucks in America, do they! Since when do you need to speak English to operate a truck. He could have learned how to drive a truck anywhere on this planet.
Good point.
Heimishe Bus driver wrote: You have a point with the employer part, they are probably more responsible for this accident than the driver is as they probably send him out without checking his logbook to see if he had enough rest. But that is to hard to prove.
Lousy assumption.
Heimishe Bus driver wrote: Easier to make the driver the korban and go after the money in the insurance policy.
The driver is being made a korban??? he made four innocent people korbanos!
Heimishe Bus driver wrote: I wonder how much the lawyers got. Probably half the money.
Another assumption pulled out of thin air.
Heimishe Bus driver wrote: It is a sad storyIt is not a sad story, it is a story of rishus.
Heimishe Bus driver wrote: but to convict a driver for 36 years? come on.
He is not being convicted for 36 years. He to be imprisoned for 36 years.
31
Dec 16, 2008 at 01:38 PM murray Says:
“ True, he deserves life but 36 years is probably the most the judge was allowed to give him. ”
You have zero compassion for anyone, that is obvious, the only thing that is puzzling me is why you have NOT called for the driver to get the electric chair.
32
Dec 16, 2008 at 01:20 PM Yudi Mandel Says:
''Maybe this will be a lesson to all truck drivers that you are accountable for your actions,'' what's that supposed to mean? What did I do wrong?
33
Dec 16, 2008 at 01:15 PM Heimishe Bus driver Says:
“ Heimishe Bus driver wrote: Oh, they only drive trucks in America, do they! Since when do you need to speak English to operate a truck. He could have learned how to drive a truck anywhere on this planet.
Good point.
Heimishe Bus driver wrote: You have a point with the employer part, they are probably more responsible for this accident than the driver is as they probably send him out without checking his logbook to see if he had enough rest. But that is to hard to prove.
Lousy assumption.
Heimishe Bus driver wrote: Easier to make the driver the korban and go after the money in the insurance policy.
The driver is being made a korban??? he made four innocent people korbanos!
Heimishe Bus driver wrote: I wonder how much the lawyers got. Probably half the money.
Another assumption pulled out of thin air.
Heimishe Bus driver wrote: It is a sad storyIt is not a sad story, it is a story of rishus.
Heimishe Bus driver wrote: but to convict a driver for 36 years? come on.
He is not being convicted for 36 years. He to be imprisoned for 36 years.
”
Oh gevalt, I must have stepped on your toes. I am terribly sorry.
Based on your replies to my words you must have been at the scene of the accident.
Otherwise how do you know they where innocent ?
There are almost no lawsuits in America that involve truck accident that do not include lawyers we call ambulance chasers.
And the point of rishus I am still trying to understand. Are you sure he went out there to do a act of terror? or was it an accident.
You obviously take hano'ah out of the knowledge that he will go to jail for 36 years, well, I don't.
Drivers of all commercial vehicles are humans who yes, sometimes, brake the law in order to get to a screaming customer who does not care about anything but his product. Or people waiting for a bus to show up. It could be that the guy was a irresponsible driver who was reckless etc etc. But from my experience of being in this line of work for almost 20 years and interacting with other drivers on a daily bases in all kinds of traffic situations I do not see it as poshut as you do. Traffic is one of the areas where situations are 99% grey and 1% black and white.
That is how I come to my assumptions. By the way, the article expresses the viewpoint and the opinion of the journalist who was at the court case. That also include assumptions.
34
Dec 16, 2008 at 01:12 PM Anonymous Says:
While i agree he should sit, 36 years is not in line with murder cases that get 15 years etc. There is something wrong with the system. Sounds like a case of 'they wanted to teach a lesson to all truck drivers' on one guys expense
35
Dec 16, 2008 at 01:06 PM bigwheeel Says:
“ Obviously, you aren't related to the family who was killed because of this guys reckless driving. ”
It has nothing to do with being related [to the family of the victims], or the pain that they suffered. It was an accident! Period! It's a "Civil" case. Yes, there should be a hefty payment, or settlement. But the truck driver does not deserve to go to jail! He's not a criminal!!!
36
Dec 16, 2008 at 02:16 PM Anonymous Says:
“ It has nothing to do with being related [to the family of the victims], or the pain that they suffered. It was an accident! Period! It's a "Civil" case. Yes, there should be a hefty payment, or settlement. But the truck driver does not deserve to go to jail! He's not a criminal!!! ”
A guy drives a loaded fuel tanker that can tip at 42 MPH at 60 MPH into a turn marked 35 MPH while half asleep, after cutting off other traffic to get onto the exit ramp and you think this is only a civil matter?
Only his insurance company should pay, not him. He should be allowed to keep driving his rig until he has another accident.
Then please explain the halachah of go'el hadom. (I haven't looked at the sugya recently but I recall that if a person was reckless to a certain degree he could not seek shelter in an ir miklot.)
37
Dec 16, 2008 at 02:14 PM small wheel Says:
“ It has nothing to do with being related [to the family of the victims], or the pain that they suffered. It was an accident! Period! It's a "Civil" case. Yes, there should be a hefty payment, or settlement. But the truck driver does not deserve to go to jail! He's not a criminal!!! ”
you are standing up for the trucker because you are one , obviously "Big rig has 18 Big Wheels, why don't you do the decent thing and recuse yourself from any comments on this particular story, you biased (bias ply tires too, no doubt) "Big Wheel"..........( why didn't you post anon.?)
38
Dec 16, 2008 at 02:11 PM Anonymous Says:
“ While i agree he should sit, 36 years is not in line with murder cases that get 15 years etc. There is something wrong with the system. Sounds like a case of 'they wanted to teach a lesson to all truck drivers' on one guys expense ”
One cannot compare murder sentences in one state to another. 36 Years might be in line with the states usual practice.
39
Dec 16, 2008 at 02:33 PM Anonymous Says:
“ It has nothing to do with being related [to the family of the victims], or the pain that they suffered. It was an accident! Period! It's a "Civil" case. Yes, there should be a hefty payment, or settlement. But the truck driver does not deserve to go to jail! He's not a criminal!!! ”
kol hamerachim al ha'achzori sofo......
40
Dec 16, 2008 at 02:32 PM Broward Resident Says:
Here in Broward Co we do not give killers a slap on the wrist. This is not NY, boruch Hashem.
41
Dec 16, 2008 at 02:54 PM Anonymous Says:
To all of you arguing that he was going 60Mph at a 35Mph zone therefore its Manslauther. remember it's only an "argument" from the prosecution, and there's no support to this argument, in this article (from where all of you make your assumptions).
42
Dec 16, 2008 at 02:50 PM Anonymous Says:
“ It has nothing to do with being related [to the family of the victims], or the pain that they suffered. It was an accident! Period! It's a "Civil" case. Yes, there should be a hefty payment, or settlement. But the truck driver does not deserve to go to jail! He's not a criminal!!! ”
Driving a massive tanker with 9,000 gallons of fuel at speeds well over the speed limit while sleep deprived is at least criminal negligence if not vehicular manslaughter. It is worse, in my opinion than driving drunk; a drunk performs his deed while under the influence- his fault, certainly, but not in full control, he intentionally scheduled excessive shifts and put everyone at risk. Keep in mind, 36 years divided by 4 victims equlas 9 years for each, not unreasonable. While he may not be evil, what he did was reckless and he must assume blame and pay the price. His statement?
"Despite being asked several times by Judge Jeffrey Streitfeld if he was remorseful, Santisteban refused to take blame for the accident. Streitfeld said he would have considered a lighter sentence if Santisteban had admitted wrongdoing."
If he gave the impression as a good wholesome guy who slipped up, the judge would likely not have been so tough.
43
Dec 16, 2008 at 03:13 PM murray Says:
“ Here in Broward Co we do not give killers a slap on the wrist. This is not NY, boruch Hashem. ”
Only partially true what you say about broward. True we give real punishment to criminals, but only if we can find them. a lot of crimes here (very violent) go unsolved, like cop killers, and donut store patrons who get shot up.
44
Dec 16, 2008 at 02:31 PM Anonymous Says:
I have driven everything on wheels, and have clocked over 2 million miles.
Sure, there are many times that we all have "close calls" and many times that we were scared out of our wits, and that is driving correctly.
Sure, the biggest danger are the regular car drivers who cut us off and force us to have to avoid them and do some risky things to avoid hitting them.
But, none of that excuses what this man did.
He drove way beyond his limit.
He drove beyond the limits of the vehicle.
He drove beyond the limits of the load.
He drove beyond the limits of the condisions.
He drove with bad brakes.
He was not just speeding. He was speeding recklessly driving the most dangerous load imaginable.
Sorry, but I was a commercial driver for years, and I say he is guilty of killing those people.
The sentence is a bit harsh, maybe, but if it stops other irresponsible drivers from killing people it is worth it.
45
Dec 16, 2008 at 01:59 PM Anonymous Says:
“ Oh gevalt, I must have stepped on your toes. I am terribly sorry.
Based on your replies to my words you must have been at the scene of the accident.
Otherwise how do you know they where innocent ?
There are almost no lawsuits in America that involve truck accident that do not include lawyers we call ambulance chasers.
And the point of rishus I am still trying to understand. Are you sure he went out there to do a act of terror? or was it an accident.
You obviously take hano'ah out of the knowledge that he will go to jail for 36 years, well, I don't.
Drivers of all commercial vehicles are humans who yes, sometimes, brake the law in order to get to a screaming customer who does not care about anything but his product. Or people waiting for a bus to show up. It could be that the guy was a irresponsible driver who was reckless etc etc. But from my experience of being in this line of work for almost 20 years and interacting with other drivers on a daily bases in all kinds of traffic situations I do not see it as poshut as you do. Traffic is one of the areas where situations are 99% grey and 1% black and white.
That is how I come to my assumptions. By the way, the article expresses the viewpoint and the opinion of the journalist who was at the court case. That also include assumptions. ”
I confess. I have nachas and yishuv hada'as knowing that a person who isn't even bothered by the fact that he killed four innocent people with his recklessness will not be free to roam among us for many years to come.
46
Dec 16, 2008 at 04:14 PM Anonymous Says:
“ To all of you arguing that he was going 60Mph at a 35Mph zone therefore its Manslauther. remember it's only an "argument" from the prosecution, and there's no support to this argument, in this article (from where all of you make your assumptions). ”
He was convicted based on that 'arguement'. It is now established fact.
47
Dec 16, 2008 at 04:56 PM Anonymous Says:
Its a Presumption not a fact. and at that the jury had accepted it
48
Dec 17, 2008 at 10:14 AM Anonymous Says:
He was convicted. Hence, the fact that he acted with recklessnes and disregard for human life is just that, an established fact.
49
Jul 28, 2009 at 12:03 PM Anonymous Says:
“ What a rediculous story things happen this guy does not deserve an hour of jail. I hope the faily feels good that someone is going to jail for no reason. ”
you would not say that if it were YOUR parents who were killed!
50
Aug 04, 2009 at 03:42 AM Arthur Kaltenbrunner Says:
“ Justice would have been served with a sentence of half that. Deliberate murderers with guns don't even get that much time, and yes, while the punks get all teary and "remorseful" , their tears are for pity on themselves, and the only thing they are sorry about is that they got caught. This unfortunate driver was reckless, Not evil. ”
Lets get something out in the open I'm not a truck driver but I know cops and corruption, and prosecutors who care nothing about the law but to put another case under their belt. On the other hand I also know some semitruck drivers who take drugs, lie on their log books and sleep rules.
Another wrote "This unfortunate driver was reckless, Not evil"--There isn't enough evidence here, one can say, to state this semi-truck driver was reckless. The family of those who died will never finish what is left of there life, happy. Why, because they hate this man and can't forgive or see that this man wasn't out to personally intend to kill four people. On the other hand, maybe they should be mad at god, yes they should hate god for the rest of there life too, Santisteban is one of god's sons. Here is what this family said to the Judge-- to give Santisteban the maximum sentence of life in prison, Thank god it wasn't a black man or they would've asked to have him hanged.
Another said--"He was convicted. Hence, the fact that he acted with recklessnes and disregard for human life is just that, an established fact" --There is no facts, proof, on this Url that the truck driver was reckless but a trooper who so far said, at least 10-citations, at least?, he/she doesn't know? and for what?. I recall when the FHP was a prestige police dept, then came the case in which an FBI agent, driving drunk against traffic killed two black gentleman. The troopers reported it was the black males fault, until it was found that the troopers with the agent had lied.
The fact of the matter is, none here excluding some know anything about this case and it shows with your ignorance. Why was this driver not arrested for taking speed after all the investigation stated that the driver had worked 128 hours without a day off in the 12 days leading up to the crash. All driver with a hazardous cargo can drive a maximum of 60 hours over a seven-day period, there is no way this driver could gone 128hrs if not for drugs. Now all these tankers have to use a weigh station and show there driver log, this mean that this driver could have not covered 128hrs. DOT would've cited him and revoked his license.
Investigation also reflects that Santisteban tested negative for alcohol or drugs.
In court evidence, experts said the tanker was traveling between 42 and 45 mph, the speed limit is 35 mph. FHP said 60mph something they didn't know or have the capacity to know. It also is stated here(on this web site) --"Despite being asked several times by Judge Jeffrey Streitfeld if he was remorseful, Santisteban refused to take blame for the accident"-- This is a misrepresentation of the facts, in court evidence clearly shows; Santisteban through an interpreter that he was sorry for the accident and that he didn't intend to hurt anyone. Interesting how media will do anything to get an answer from anyone even if it's misleading the facts.
I'm not saying many of these semi truck drivers should be driving period. But I see race as factor here. Driver was Cuban who probably spoke little English and lived in Hialeah, Florida.
Judge Jeffrey Streitfeld, search the web when considering Judge Jeffrey Streitfeld.
Santisteban, was made a scapegoat, he couldn't afford an attorney and they took advantage of him. Prosecution lied about the speed he was traveling and the Jury did they like Cubans from Dade County?, I know the answer to that. Lets see a couple of months ago just a similar case but this time it was a cop who killed two women in there 20's, of course the cop was found not guilty, but we knew that.
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Apr 09, 2010 at 08:41 PM Anonymous Says:
“ Driving a gas tanker recklessly is evil and he is a murderer. ”
You are wrong . He is not a murderer. He is a good person and his family loves him very much, it was just bad luck.
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Jun 29, 2010 at 02:54 AM legalitas Says:
Apparently the police recorded that the CAR´S (not the truck) driver was under the influence of barbiturates, at least that is what the press is publishing in Europe.
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Jun 29, 2010 at 01:26 PM Anonymous Says:
“ Apparently the police recorded that the CAR´S (not the truck) driver was under the influence of barbiturates, at least that is what the press is publishing in Europe. ”
Yes, In Europe the Press say that de Car driver was under 4 types of barbiturc, that the car smashed the left side of the truck (and not on the contrary, the press show very clear photos of the car with the dells) as said Santiesteban from the beggining... all this stinks
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Jul 18, 2010 at 06:09 PM EDEY Says:
Everything what that to past the driver of this truck, is the great one it defrauds to the insurance of the company at which it was employed, and even being inosente tape-worm that to be a culprit to receive millions, the defense was bought, the district attorney, the policia of road, all.
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Jul 20, 2010 at 11:28 PM Anonymous Says:
“ Driving a gas tanker recklessly is evil and he is a murderer. ”
How do you equate driving reckless with evil? Assuming he was really driving reckless.