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Suspected drunk driver faces manslaughter charge

A suspected drunk driver in Brazil has been arrested after driving six kilometres with a dying cyclist embedded in his windscreen.

Jose Adil Simioni, 58, was stopped by other motorists who blocked his car in busy traffic.

Witnesses at first thought the body was a doll and they were seeing some sort of prank, but it turned out to be Marco Aurelio Dlovski who was on his way home from work when Simioni hit him on a bend.

Simioni, allegedly too drunk to realise what had happened, carried on driving with Marco’s body slumped on his car.

CCTV footage shows a motorcyclist blocking Simioni, and then onlookers surrounding his car in Pinhiaius, near the town of Curitiba, in south-east Brazil.

Readers are warned that they may find this video distressing

Police led Simioni from his car to a patrol vehicle before handcuffing him and bundling him into the back.


Police bundle Simioni into a car

Marco was pronounced dead on the scene by paramedics who covered the 31-year-old’s body with a white sheet before freeing his body from the windscreen.

Eye-witness Viriginia Cordeiro, who helped stop Simioni’s car, said: “People thought at first it was a doll on top of the car.

“When I realised it was a person I began shouting to other motorists to stop it.”

One police officer said:“The driver was quite clearly drunk and had trouble walking.

“We had to bundle him into the back of our patrol car quickly to save him being attacked by onlookers.”

Victim Marco’s sister Isa wrote on her Facebook page: “I’ll never forgive his killer.”

Simioni faces manslaughter and drink-drive charges.

Our official grumpy Northerner, John has been riding bikes for over 30 years since discovering as an uncoordinated teen that a sport could be fun if it didn't require you to catch a ball or get in the way of a hulking prop forward.

Road touring was followed by mountain biking and a career racing in the mud that was as brief as it was unsuccessful.

Somewhere along the line came the discovery that he could string a few words together, followed by the even more remarkable discovery that people were mug enough to pay for this rather than expecting him to do an honest day's work. He's pretty certain he's worked for even more bike publications than Mat Brett.

The inevitable 30-something MAMIL transition saw him shift to skinny tyres and these days he lives in Cambridge where the lack of hills is more than made up for by the headwinds.

31 comments

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bici1977 [42 posts] 3 years ago
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 17 the poor man in the windscreen. makes me incredibly sad!

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rogdog [10 posts] 3 years ago
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If that's manslaughter what exactly constitutes murder?

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Mr Jono [102 posts] 3 years ago
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Quote:

“We had to bundle him into the back of our patrol car quickly to save him being attacked by onlookers.”

Are they the same onlookers who are all taking photos before they figure out if the victim is dead or alive?

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James Warrener [1084 posts] 3 years ago
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Camera phones... wow.

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userfriendly [608 posts] 3 years ago
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No need to watch the video, found the description distressing enough already. I hope that twat gets jailed for life.

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mrfree [78 posts] 3 years ago
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The dead body is the least disgusting part of this video when you consider the people taking photographs for their own personal amusement.

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abudhabiChris [691 posts] 3 years ago
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rogdog wrote:

If that's manslaughter what exactly constitutes murder?

Pre-meditated intent.

Driving while drunk is reckless and negligent with a foreseeable risk of death or serious injury to others, but unless you actively intend to kill then it isn't murder.

And I'm not watching the video.

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mrhallorann [16 posts] 3 years ago
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Thankful for the tastefully positioned road sign. The arm on the roof says enough.

The slack jawed, mouth breathing photograph-and-film auto-response of The Great Unwashed in these situations makes me despair for humanity.

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oozaveared [934 posts] 3 years ago
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abudhabiChris wrote:
rogdog wrote:

If that's manslaughter what exactly constitutes murder?

Pre-meditated intent.

Driving while drunk is reckless and negligent with a foreseeable risk of death or serious injury to others, but unless you actively intend to kill then it isn't murder.

And I'm not watching the video.

Yep it's tricky though. You need to intend to kill or intend to cause serious injury such that death might reasonably be foreseen as an outcome. So, if you punched someone in a bar fight and they died, then that would be manslaughter. Yes you had caused their death unlawfully but you could reasonably argue that your punch was not intended to cause such a serious injury that they might die. If you hit them in the skull with the leg of a bar stool several times that would be murder. It would be murder because it would be difficult to argue you didn't intend to inflict at least serious harm.

However if you were a heavyweight boxer and punched a 7st bloke and he died then you might be more murder than manslaughter since you might reasonably forsee that this could cause serious harm or death.

This case is tricky. It's obvious that the driver has no regard for the man's safety or well being. The injury resulting in death though, goes back to the initial collision. If that was accidental and the driver did't intend to collide with the cyclist, then murder doesn't apply. The fact that he didn't do anything to help him and showed no care whatsoever after the collision is pretty disgusting. It can be argued that his actions caused an already injured man to die or contributed to his death so manslaughter.

My guess is that his defence will be that he didn't stop in the area where he thought he had accidentally killed or injured a cyclist because he feared for his own safety if friends or family of the cyclist got hold of him.

That's not going to fly as a defence in Surbiton but in Brazil it might be accepted. Brazil can be pretty much like the wild west.

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rogdog [10 posts] 3 years ago
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With you on all of that up to the crash, but he then carried on driving for 6km, even drunk surely aware of what he had done, that's then intent in my book.

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StantheVoice [103 posts] 3 years ago
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There's an incredible amount of knowledge on here on the Brazilian justice system.

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oozaveared [934 posts] 3 years ago
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rogdog wrote:

With you on all of that up to the crash, but he then carried on driving for 6km, even drunk surely aware of what he had done, that's then intent in my book.

Well he intends to do nothing about the bloke on his windscreen. That's for sure But does he intend to kill him? Or does he just not care that he dies? Does he think he's alive or dead? Why does he do this anyway? My guess and it's only a guess but based on some time spent in S America (not Brazil though) is that he didn't want to stop because it's not uncommon in S America that if you run someone over in their neighbourhood you can easily get a serious beating from the locals. Sometimes worse.

I'm not sticking up for the guy by the way. He probably did deserve a good hiding. I am just commenting on why it was manslaughter not murder. What happened after the initial injury is not completely irrelevant but a murder charge will depend on intent "before" the collision not after it.

Ie when he ran him over, was that an accident/negligence etc or was there intent to run him over and seriously injure or kill him. Scarpering afterwards with or without the body is seriously messed up and deserving of serious penalty. But if the guy died of injuries that weren't inflicted with the intent of killing him or seriously injuring him then it fails the test of Murder.

Not stopping to allow medical assistance could be manslaughter though. ie you don't intend him to die but you are careless as to whether your actions contribute to death. The US has a law of Reckless Endangerment and in some states Culpable Negligence. English law just has negligence but that's a civil tort. In the UK though we have a specific offence of causing death by dangerous driving and that would cover carrying on driving with a person on your windscreen that ended up with their death.

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kie7077 [901 posts] 3 years ago
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mrfree wrote:

The dead body is the least disgusting part of this video when you consider the people taking photographs for their own personal amusement.

But you watched the video anyway. Just look at the way BBC, SKY et al use death to titillate the viewer, they are shameless.

[edit] or maybe you didnt watch the video, I seem to be jumping to a conclusion there and I hate when people do that.

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Neil753 [447 posts] 3 years ago
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mrhallorann wrote:

Thankful for the tastefully positioned road sign. The arm on the roof says enough.

The slack jawed, mouth breathing photograph-and-film auto-response of The Great Unwashed in these situations makes me despair for humanity.

I'm afraid this is a growing problem in the UK too. As a lorry driver, occasionally either stuck behind serious accidents or passing them, I can't help noticing that there's always a fair few people with their phones out. And it's even worse if there are pedestrians nearby; so ubiquitous, frankly, that they all look like they're doing nazi sallutes as they strain to film over the top of all the other sickos filming. It's human nature to be tempted to look, but filming the spectacle is pretty distasteful in my opinion.

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giobox [361 posts] 3 years ago
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fatsimonstan wrote:

There's an incredible amount of knowledge on here on the Brazilian justice system.

It's pretty much how murder or manslaughter (or culpable homicide if you're a Scot!) works the world over.

Its the 'mens rea' - quite literally "Guilty Mind" in latin - that makes the difference.

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Linkinbassist [33 posts] 3 years ago
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I don't understand the anti-camera phone lot here. If I were in the same position, I'd take pictures before the police arrived in order to help with their investigation (digital photos have a lot of info that the police need, such as time and geo-stationary data). Most of the people taking photos will have the same 'citizen's duty' mentality, I should imagine...

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TheHound [117 posts] 3 years ago
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I think it's interesting here that people are saying it should be murder.

If this were in the UK he'd probably end up being charged with wreckless driving or something and there'd be outrage at that.

I think being charged with manslaughter is pretty bloody good and something I'd like to see in the UK a lot more.

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Stumps [3460 posts] 3 years ago
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The video is pretty tame in all honesty as its from far off until the sign blocks out the view then they zoom in.

Sentencing in Brazil is pretty light. If you consider the Cara Burke case for instance he only got 21 years so i cant imagine this driver will get much.

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Karbon Kev [688 posts] 3 years ago
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absolutely incredible

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Bobbinogs [240 posts] 3 years ago
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I didn't watch the vid and have no intention of doing so. I agree with the comments that one of the saddest elements of this story is the people stood around taking pictures of someone who has had their life end in tragic circumstances  2

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allez neg [496 posts] 3 years ago
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Bobbinogs wrote:

I didn't watch the vid and have no intention of doing so. I agree with the comments that one of the saddest elements of this story is the people stood around taking pictures of someone who has had their life end in tragic circumstances  2

Just human nature I think. The technology has changed, the compulsion to gawp is probably the same since time immemorial.

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racyrich [279 posts] 3 years ago
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allez neg wrote:
Bobbinogs wrote:

I didn't watch the vid and have no intention of doing so. I agree with the comments that one of the saddest elements of this story is the people stood around taking pictures of someone who has had their life end in tragic circumstances  2

Just human nature I think. The technology has changed, the compulsion to gawp is probably the same since time immemorial.

Quite. There used to be special trains to public hangings.

Still, seeing for real what death and serious injury looks like is sobering. It's noticeable on motorways that the driving is more restrained after passing such a scene.

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Guyz2010 [304 posts] 3 years ago
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Bless the victim, my thoughts are with his bereaved family. Sad indeed,
Manslaughter is an appropriate charge...in my humble opinion.

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OldRidgeback [2744 posts] 3 years ago
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Bobbinogs wrote:

I didn't watch the vid and have no intention of doing so. I agree with the comments that one of the saddest elements of this story is the people stood around taking pictures of someone who has had their life end in tragic circumstances  2

+1

It was a horrible incident. I hope the driver gets a suitable penalty. The vultures taking photos ought to be ashamed of themselves.

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RPK [99 posts] 3 years ago
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kie7077 wrote:
mrfree wrote:

The dead body is the least disgusting part of this video when you consider the people taking photographs for their own personal amusement.

But you watched the video anyway. Just look at the way BBC, SKY et al use death to titillate the viewer, they are shameless.

[edit] or maybe you didnt watch the video, I seem to be jumping to a conclusion there and I hate when people do that.

I stopped watching as soon as I saw the scum filming it.

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bfslxo [144 posts] 3 years ago
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How sad

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northstar [1107 posts] 3 years ago
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Another human life lost for no reason.

R.I.P

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vbvb [619 posts] 3 years ago
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In the UK, this'd be Careless Driving, 3 points, a 6 month ban.

And lots of hand-wringing about what extra safety equipment cyclists aren't wearing yet.

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stealfwayne [128 posts] 3 years ago
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A horrible story to switch onto this morning. Thoughts are with the victims family who have lost someone due to a selfish driver, who decided he could drive whilst being do drunk to even walk.
The fact he drove for 6km before being stopped is horrendous, hope they test for other drugs as well.
At least all this talk about the people with cameras shows that some of us can show the sympathy needed when reading these type of stories. Appauling behaviour. I don't think the police need much more evidence in the way of digital imagery. The fact that a man is embedded in a windscreen for 6km should be enough to throw suspicion of guilt in the drivers direction.

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hoppo100 [3 posts] 3 years ago
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This just makes me lose faith in mankind.

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