crime

Driver appeals 16-year prison sentence for ramming motorbike from behind, killing rider

22 Comments

A 41-year-old man who was sentenced in January to 16 years in prison by the Osaka District Court for murder in a road rage case, filed an appeal with the Sakai branch of the court on Wednesday.

Akihiro Nakamura, a former security guard, was convicted in a lay judge trial of killing motorcycle rider Takumi Takada at around 7:30 p.m. on July 2, 2018, after he rammed his motorbike from behind on a highway in Sakai's Minami Ward. Takada, a 22-year-old university student, was knocked off his bike and died of his injuries. The drive recorder in Nakamura’s car showed him tailgating the motorcyclist at a speed of 96-97 kilometers per hour for about one kilometer before he rammed the bike.

Nakamura kept going but returned to the scene. He told police that he rammed the motorbike because it cut across in front of him but he denied any intent to kill.

In filing their appeal Wednesday, lawyers for Nakamura argued that the charge should have been reckless driving resulting in death and not murder.

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22 Comments
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This should have been a life sentence. Would send a message to every imbecile out there with the license, even more so to the truck drivers.

18 ( +18 / -0 )

The court has the authority to give a longer sentence on appeal, hopefully this will be one of those instances.

17 ( +17 / -0 )

Seems like murder to me. He had intent to hit the guy, and it’s a reasonable expectation that one would die as a result.

That said I don’t know the specifics or the laws in question.

16 ( +16 / -0 )

nah, murder with intent and planning, add another 20years to his 17 and slam him in for rest of his life

13 ( +13 / -0 )

In filing their appeal Wednesday, lawyers for Nakamura argued that the charge should have been reckless driving resulting in death and not murder.

Using a vehicle as a weapon carries very hefty jail sentences where I come from, especially if it results in death. This is murder and this loon should be thankful he only got 16 years and not a life sentence. I've seen this kind of thing many times on the roads in Japan. These wanna-be Yaks think they are nine feet tall and made of steel inside their cars. This thug killed a 19 year old kid after chasing him and then, he was so gutless he drove off. It should be a life sentence.

18 ( +18 / -0 )

A pathetic sentence, but that's to be expected from Japan I guess. Ideally he should get the death penalty

3 ( +9 / -6 )

I remember this case: after the crash, the driver forgot to erase his drive-recorder memory card. Police retrieved the card and viewed the footage leading up to accident, which clearly contradicted the driver's lies.

10 ( +10 / -0 )

Laws or lack of them is what creates these monsters that terrify other drivers on a daily basis.

The japanese are terrified of even picking up a bag/wallet/coin dropped in the street because they know very well this might become a case and they can get arrested for theft.

Meanwhile these people are given green light to do whatever they want on the road because they KNOW there is nothing the law can do about it.

The day drivers start getting punished and having their licenses revoked by other drivers presenting their dashcam evidence to the police all this nonsense stops.

4 ( +4 / -0 )

"These wanna-be Yaks think they are nine feet tall and made of steel inside their cars."

This archipelago protects them.

0 ( +2 / -2 )

He told police that he rammed the motorbike because it cut across in front of him but he denied any intent to kill.

Oh I see, so ramming a motorcycle from behind with should have only left the motorcyclist with a sprained ankle and hurt feelings?

6 ( +6 / -0 )

In filing their appeal Wednesday, lawyers for Nakamura argued that the charge should have been reckless driving resulting in death and not murder.

If you deliberately hit someone with your car and they die as a result, that is murder. This wasn't a car accident, it was deliberate. Even if he didn't specifically intend for the guy to die, anyone knows that hitting someone on a motorbike at 97kmph is very likely going to kill them.

7 ( +7 / -0 )

Reckless driving resulting in death is what we saw last week when a truck driver killed a student on her bike. Completely different! The murder charge is correct, and the 16 year sentence is not severe enough.

6 ( +6 / -0 )

The should have given him life. It was clear that he intended to injure the rider.

5 ( +5 / -0 )

" lawyers for Nakamura argued that the charge should have been reckless driving resulting in death and not murder..." Sorry, it's the prosecution that determines which charges are to be brought, not the defense... and they prevailed on the more difficult of the 2 sets of charges, to boot.

2 ( +2 / -0 )

What a piece of work. Hope they add more to the sentence, if that's possible.

7 ( +7 / -0 )

I agree with the truck driver. They got the verdict wrong. 16 years? No. It should have been 61 years in prison. Just flip it and it'll be alright.

6 ( +6 / -0 )

Appeal? I hope on appeal it gets doubled. This was murder. Why does he think he ram a bike with his car?

6 ( +6 / -0 )

Should have sentenced to life in prison. This was plain murder !!

4 ( +4 / -0 )

Good to see justice done still he should have got life...

3 ( +3 / -0 )

No, No, NO:

Do NOT change his sentence...this was Vehicular Homicide, pure and simple.

I used to ride in Japan (Okinawa) for six years. Riding is difficult enough without

having to worry about a physo on your tail.

0 ( +0 / -0 )

Daniel Naumoff, if they are imbeciles, how will they be able to understand the message?

0 ( +0 / -0 )

It certainly doesn't seem like a planned murder to me.  He definitely had no idea he would meet the motorcyclist before he set out.  If he had planned to seek him out and run him down he wouldn't have left his drive recorder on.  The motorcyclist probably pissed him off by cutting through in front of him, and he chased him down to show he was just as able to go quickly as the motorbike.  He clearly got very close behind the bike for quite some time, whether he hit him because he misjudged it or deliberately rammed him is impossible to say without seeing the footage.  The lay judges felt he did it deliberately to account for their verdict and sentence, yet even with video it's not possible to know the guys intention when he hit him.  Then theres the intention to kill to consider.  97 kph is fast enough that you would expect serious injury at least if you knocked someone off a motorbike, but this was obviously done in a road rage, and the guy unlikely to be watching his speedometer, so it may well be that he wasnt thinking of killing him.   I think in the UK the CPS would have pressed for manslaughter on the grounds that the intent to kill would be too difficult to prove.    However the guy's obviously a scumbag and at the very least killed someone through sheer recklessness and 16 years doesn't seem out of line for that.  the maximum penalty for death or injury through dangerous driving in Japan is 20 years .

0 ( +0 / -0 )

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