Baptiste died at the age of 29 from polytrauma and fourth-degree burns, his fiancé Anne-Sophie, who was the same age, died immediately after breaking her spinal column and rupturing the aorta. Her 36-year-old brother Julien died of polytrauma with a rupture of the thoracic artery. The three young people died in autumn 2017 in a small car on the Wasserburger Landstraße when Nestor P. crashed into the rear of the Opel Corsa in his SUV at at least 122 km/h without braking. The 65-year-old is in prison and is suing the authorities – to get his driver’s license back. The 11th Criminal Chamber at the Munich I District Court has now ruled that the fatal driver’s license will not be revoked for life, as previously found, but only for a further two and a half years.
The surviving relatives of the young people who were killed saved themselves the visit to court on the rainy Tuesday. They had followed the negotiations against Nestor P. for years and witnessed the man’s strangely emotionless and empathetic demeanor. The families come from France: Five years ago, 68-year-old Danielle L. visited Munich with her children and her daughter’s boyfriend. On September 16, 2017, they wanted to go to a family celebration in their rented car. Only the mother survived because a passerby was able to pull her out of the burning wreck. Today she is in a wheelchair and suffers greatly from the consequences of the accident.
What happened to Nestor P. that day remains a mystery. The then 60-year-old early retiree was driving his BMW X5 on Wasserburger Strasse. To date, he had driven accident-free for 42 years, not a single point in Flensburg. It didn’t rain that day, visibility was good, experts ruled out P.’s health problems. Nevertheless, he shot out of town at at least 122 km/h and, without braking or evasive maneuvers, crashed into the rear of the small car, which was just rolling at the traffic light that was turning green. The Corsa was thrown 60 meters and caught fire in the air. Any help came too late for three of the inmates. Nestor P. remained almost unharmed, even though he wasn’t even buckled up. When asked why, he only said he thought he was driving at 50 or 60 km/h.
The Munich district court dealt with the case in 2019, and the district court in the next instance in 2021. The latter sentenced P. to three years and nine months in prison and a lifetime driver’s license suspension. The “particular ruthlessness” and the “indifference” to applicable rules made Nestor P. appear “unsuitable for driving a vehicle”. P., on the other hand, sued the Bavarian Higher Regional Court and was right about the driver’s license. The cause was referred back to the 11th criminal division. There P., who hasn’t worked since 2010, claimed that after his release from prison he wanted to work as an electrician again and therefore needed a driver’s license.
Judge Manfred Sehlke made it clear that a lifetime ban cannot be maintained. “We are a car country.” The prerequisite for the lifelong driver’s license suspension are severe health impairments or a complete unteachability of the driver. He doesn’t see either here. Sehlke could have revoked the accused’s driver’s license for up to five years, but he only stayed with half of the verdict. If Nestor P. could be released after serving the two-thirds sentence, he would be 67 years old. “At his age, it seems questionable to me whether he can successfully get his driver’s license and pass it.”
For the bereaved, Nestor P’s struggle for his driver’s license may be difficult to understand. Co-plaintiff attorney Barbara Biller said each year at the time of the accident, the negotiations would upset the family. “We hope it’s over now.”