The fatal accident occurred on the night of 1is to July 2, 2023. Traveling on the Dinan – Saint-Malo dual carriageway, near Saint-Samson-sur-Rance (Côtes-d’Armor), a couple is returning from an evening with friends. But, shortly after midnight, their car was violently hit by another vehicle, which was traveling at more than 150 km/h.
The driver, aged 64, died on the spot. His wife, injured, was transported to Dinan hospital. She has since had no memory of the accident. “Hearing the testimony of witnesses today allows me to piece together a story that still eludes me”declares the victim, at the hearing of the criminal court of Saint-Malo (Ille-et-Vilaine), Monday September 30, 2024.
Three versions
A story which has, over the past year, experienced several twists and turns. The day after the incident, a man informed the gendarmerie that his car, involved in the accident, had been stolen. The misdeed allegedly took place while he was sleeping in the Traveler camp where he lives with his family. However, his DNA was found on the vehicle’s airbags. And six calls were made from his phone after the accident.
Ten days after the tragedy, still denying the facts, the man was placed in pre-trial detention. In March 2023, questioned by an investigating judge, he delivered a new version. He admits to having lied. He was indeed present in the vehicle involved in the accident, but was not the driver. However, he refuses to give the name of the driver. for fear of reprisals.”
The hearing on Monday, September 30 was therefore to judge this story, which the elements of the investigation corroborate. But at the opening of the hearing, the defendant gives a new version. It was his wife who was behind the wheel. “We had just had an argument with my wifepleads the defendant. The accident occurred after a lack of attention. » The couple were returning from an evening spent with friends in a Saint-Malo bar.
For the prosecutor, this third version does not pass. “How can we believe today’s version compared to that of yesterday and the day before yesterday? »he castigates. Questioned about this change of heart, the defendant declares that he wanted “protect your wife”who wanted ” surrender “. “I preferred it to be me who took”he explains. And his DNA, found on the driver’s airbag, does not make him a ” guilty “for his lawyer.
Failure to assist a person in danger
In addition to manslaughter, the defendant appeared for three other charges: failure to assist a person in danger, hit-and-run and false reporting following the report of the theft of his vehicle. The accused admits to having stayed there “one to two minutes”before running away “on foot”. His wife would have left “later, with another car”. “Panic makes you do a lot of things, Madam Judge”he whispers.
For the lawyer for the civil parties, the defendant and the people who joined him at the scene of the accident did not “worried” of the condition of the victims. For his part, the prosecutor notes the seventeen mentions in the defendant’s criminal record. Seven convictions were for traffic offences, including manslaughter. “Sir has already done everything”thunders the public prosecutor.
In accordance with the prosecutor’s requisitions, and after a recess of more than an hour, the court sentenced David Van Been to seven years in prison, with continued detention.
