On July 14, during the trial of this case, Li某某 claimed that he could not remember what had happened at the time. After stealing an Audi car from a car wash, he fled recklessly and hit five citizens waiting for the bus at a bus stop, one of whom died after failing to be saved (this was reported by our newspaper on January 15, 2011). On July 14, the Intermediate People's Court of Qingdao City held a hearing for the case involving Li某某 driving a stolen vehicle resulting in one death and four injuries. The Procuratorate of Qingdao accused Li某某 of endangering public safety by dangerous means and theft. In court, Li某某 stated that he did not remember the circumstances at the time, claiming that he had become delirious due to a fever before the incident. It was only more than a month later when he was in the detention center that he became clear-headed again and learned from others that he had hit someone. The parents of Geng某某 and the other four victims filed a total civil compensation claim of over 1.58 million yuan. The court will announce its verdict on another day.
■ Case Replay: Stealing a Car and Driving Without a License, Hitting Five People and Five Cars
At around 5 p.m. on January 14, 2011, Li某某 went to a small parking lot near the "Car is Guest" car wash at No. 142 Hong Kong Central Road. He saw an Audi A6L sedan going in for a wash. When the driver left without closing the car door or removing the key, Li某某 took advantage of the car washer's distraction, got into the car, started it, and fled.
Subsequently, knowing that he did not have a motor vehicle driver's license and had not received any driving training, Li某某 still drove the car along Hong Kong East Road from west to east. Along the way, near the gymnasium of Qingdao University on Hong Kong East Road, he collided with a Zhonghua brand car and a Hyundai brand car; near the Huaihai Villa on Laoshan Road, he collided with a Ford brand car; near a bus stop at the eastern side of the Qianhai Garden residential area on Laoshan Road, he hit five people waiting for the bus—Geng某某, Jian某某, Li某, Liu某, and Zeng某; at the T-junction of the Fifth Qingdao Beer Factory on Laoshan Road, he successively collided with a Changan brand minivan and a Xiali brand car. Afterwards, Li某某 drove into a courtyard in Shazikou to hide and was arrested by the police. According to the forensic examination, Geng某某 died from severe brain injuries caused by major blunt force trauma to the head and face; Jian某某 and Li某 sustained serious injuries; Liu某 and Zeng某 sustained minor injuries.
■ Victims Seek Total Compensation of Over 1.58 Million Yuan
The prosecution believes that defendant Li某某 intentionally endangered public safety by dangerous means, causing one death, two serious injuries, two minor injuries, and property damage; he also stole public and private property in a particularly large amount. His actions violated Articles 115(1) and 264 of the Criminal Law of the People's Republic of China, with clear criminal facts and solid evidence. He should be prosecuted for endangering public safety by dangerous means and theft.
The family of victim Geng某某 and the other four victims all filed criminal lawsuits with civil claims. The family of Geng某某 demanded compensation for death compensation and funeral expenses totaling 604,834.5 yuan. Victim Jian某某 demanded compensation for medical expenses, disability compensation, lost wages, and dependent care expenses totaling 395,433 yuan. Victim Li某 demanded compensation for medical expenses, disability compensation, lost wages, etc., totaling 222,076 yuan. Victim Liu某 demanded compensation for medical expenses, disability compensation, lost wages, dependent care expenses, etc., totaling 267,676.5 yuan. Victim Zeng某 demanded compensation for medical expenses, disability compensation, lost wages, etc., totaling 96,473.46 yuan. In total, they demanded compensation of 1,586,493.46 yuan from the defendant.
■ Defendant Claims No Memory of What Happened at the Time
In the morning of July 14, the First Criminal Division of the Intermediate People's Court held a hearing in Dasha Mountain Courtroom. After the prosecutor finished reading the indictment, Li某某 expressed no objection to the charged criminal facts but claimed that he could not remember what had happened at the time. The prosecutor carefully asked him if he had gone to the car wash to steal a car, if he had driven away, and if he had hit anyone, to which he replied that he did not know. Later, the prosecutor read out five statements he had made to the police, which were similar in content, but Li某某 still claimed that he did not know and could not remember. During the trial, surveillance footage from the car wash showing Li某某 stealing the car and the police bringing Li某某 back to the car wash for identification was played. Li某某 also claimed that he did not know and could not remember these videos.
"I used to work in an iron plate grill store on Tai Dong Eight Road. Before the incident, I had a fever for seven or eight days. My boss let my colleague take me back to rest. When I woke up, I was already in the detention center," said Li某某. "I was delirious at the time and did not know what had happened or why I did it. I had never driven a car before and do not remember how I drove it. From leaving the restaurant to entering the detention center, there is a blank in my mind. After entering the detention center, I was sick for a long time and only became clear-headed about a month later when I heard from others that I had hit someone."
The judge asked if he had any evidence proving his fever, to which Li某某 replied that he had been to a small clinic beside his residence but had no medical records. Later, after entering the detention center, a guard took him to Haici Hospital for treatment, where he received intravenous drips for over ten days and had medical records.
■ Confession: Wanted to Drive Home to Show Off
The prosecutor read out Li某某's confession to the police: "I stole the car because I wanted to drive it back to Pingdu to show off in front of my family, telling them that I had earned a lot of money and bought a car. I have never learned to drive but have learned to drive tractors in the village. I used to work as a car washer and knew the basic principles of driving. The Audi I drove that day was an automatic transmission. Once I turned the key, it started, and then I shifted gears and the car moved. Later, I just wanted to escape. After hitting cars, I became even more scared and hurried to run away." Li某某 had no objections to these pieces of evidence but claimed that he could not remember.
On the day of the trial, Li某某's family did not attend as spectators, and his defense lawyer was Zheng Luci from the Legal Aid Center designated by the Intermediate People's Court and the Legal Aid Center. During the prosecutor's presentation of evidence, there was a testimony from Li某某's father proving that Li某某 did not have a driver's license, could not drive, and had not frequently contacted his family since leaving home to work in 2009.
Lawyer Zheng Luci argued that Li某某's criminal behavior should not be classified as endangering public safety by dangerous means but rather as a major traffic accident offense. "Li某某 subjectively intended to flee by driving, without any intention to endanger public safety. If Li某某 had not hit anyone while fleeing, would it still be considered endangering public safety? This result was not something Li某某 initially anticipated."
The prosecutor responded: "Li某某 clearly knew that he had not undergone driving training and did not have a driver's license. Yet, during evening rush hour, he drove at high speed on main roads, disregarding the safety of all pedestrians. After the accident, he sped away, showing disregard for the safety of many people. Moreover, endangering public safety by dangerous means does not solely depend on the severity of the consequences but also on whether public safety has been threatened."
■ Sentencing: Parents of the Deceased Demand Immediate Execution
Regarding sentencing, the prosecutor believed that Li某某's criminal facts were clear, showing contempt for life with no remorse, not meeting the conditions for lenient punishment, and recommended a sentence of life imprisonment or above. The parents of Geng某某 believed that Li某某 was extremely evil and showed no remorse in court, lying about not knowing what happened. They demanded a heavier sentence, execution, and immediate enforcement. Li某某 did not express any opinion, but his defense attorney believed that the court should carefully determine the nature of the case before sentencing. The court will announce its verdict on another day.
■ Insurance Company Only Pads Rescue Costs and Seeks Repayment from the Defendant
Regarding the total compensation of over 1.58 million yuan sought by Geng某某's family and the other four victims, Li某某 said: "Understood, no objections." In the criminal lawsuit with civil claims, Geng某某's family and the four injured parties all requested that the defendant, Pacific Property Insurance Co., Ltd., Qingdao Branch, bear the compensation obligation within the compulsory traffic insurance liability limit. In response, the insurance company stated that according to regulations, accidents occurring during the period when a vehicle is stolen or forcibly taken are only covered by rescue cost padding, and they have the right to seek repayment from the perpetrator, Li某某. The total padded costs should be within the limits specified by the compulsory traffic insurance. The insurance company is not the party responsible for the accident and should not bear appraisal fees.
■ Trial Scene: Emotional Outburst from the Parents of the Deceased — "Your Life Is Not Worth My Good Daughter's Life"
After listening to the accusation, Li某某 mumbled, "Sorry, I didn't mean to..."
Geng某某's parents were very emotional. Her mother angrily said, "You killed someone and must give an explanation. You show no remorse and even deny it in court. After the incident, we haven't received a single call from you or your family, let alone seen anyone or received any compensation. You and your family have no conscience. Even if you are sentenced to death, your life is not worth my good daughter's life."
After hearing this mother's accusation, Li某某 vaguely squeezed out a sentence, "Sorry! I didn't mean to..." Geng某某's father immediately shouted loudly, "It's too late! People like you deserve severe punishment!"
Geng某某's mother told the reporter, "Last year, she was admitted to Jilin Chemical Institute. When she started school, she went to the school alone with her luggage. My husband and I sent her to Qingdao Railway Station, never expecting that this farewell would become permanent. The day before the incident, she had just returned from Jilin for winter vacation and stayed at her sister's place in Qingdao, preparing to return to Laixi hometown together. She had planned to go out for dinner with her sister that night and was about to take the bus to meet her sister when this incident happened."
"This child was very diligent and knew that our family conditions were not good, so she was very frugal and worked part-time to earn money. She didn't dare to buy clothes. When she came back, she brought the Mid-Autumn Festival mooncakes distributed at school, wanting to share them with my husband and me..." As she spoke, the elderly woman choked up and couldn't continue.
■ Prosecutor Reads Citizen Zhang's Testimony — Reckless Collision Towards the Bus Stop, Many People Were Knocked Down
When Li某某 was driving the Audi car recklessly escaping, there was a brave blue Ford car owner named Zhang who followed and forced him to stop by the roadside.
The prosecutor read Zhang's testimony: "At the time, my wife and I were driving home to Shazikou. The black Audi was behind us, continuously honking to pass. I moved slightly to the slow lane to let him pass, but when he passed, he still crashed into the left front of my car. After the collision, the Audi didn't stop and ran forward. I caught up with him, rolled down the window, and my wife shouted at him to stop, but he accelerated and ran away at a speed of about 100 kilometers per hour."
"Because I was worried about unexpected incidents, I followed him from behind and had my wife call 110 to report the incident. Unexpectedly, soon after, the Audi hit the bus stop, knocking down many people. The car continued to move forward, so I followed from behind. At an uphill position, I blocked him with my car in front of him. My wife and I got out of the car and saw the driver sitting inside silently. We were in a stalemate for about 10 minutes. Suddenly, the driver started the car and rammed into my car. We were frightened and quickly dodged, and the driver ran away again."
"We chased him again. Because we were worried about unexpected incidents, we weren't very close to the car and kept in constant contact with the 110 police officer until the car entered a yard and was captured by the police."
■ Outside the Court: Four Injured Parties Have Not Fully Recovered — Need Family Assistance for Washing Face and Combing Hair
Outside the courtroom, the reporter met the other four injured parties. Li某 was leaning on crutches. He lifted his shirt, revealing a long scar on his abdomen. "There is an even longer one on my thigh, with a total of more than 60 stitches. After staying in the hospital for 45 days, I returned home for recuperation because my family couldn't afford the medical expenses anymore. Now, I need to take painkillers every day, otherwise, I can't sleep all night. I'm worried about becoming addicted, so I skipped taking them for two days, but the pain was unbearable."
Jian某's injuries were also severe: "My left leg, pelvis, right arm, and other areas were fractured. Although I have recovered relatively well in the past six months, my right arm cannot bend much, making it difficult to do any heavy work, even sweeping the floor at home!"
"I was just discharged from the hospital, having removed the steel plates inside my body," Liu某 said, with injuries on his abdomen and arms. Nowadays, even simple tasks like washing his face and combing his hair require assistance from family members. "I am not yet 30 years old, and this injury will follow me for the rest of my life."
Zeng某 was injured on his foot, and the reporter noticed he was wearing thick cotton shoes. "Now, my heel is particularly afraid of wind and cold, so I have to wear thick cotton shoes even in hot weather. Moreover, this foot cannot bear weight, and I can't stand for too long."
Text and pictures by reporter Ren Jinmei, correspondent Shi Manxin