Epileptic crane driver gets 7 years for deaths of 6 children in Tochigi
TOCHIGI —
A crane driver, who suffers from epilepsy, was sentenced Monday to seven years in prison for causing the deaths of six children in an accident in Tochigi Prefecture in April.
The Utsunomiya District Court heard that Masato Shibata, 26, had been a long-term sufferer of epilepsy and had succumbed to a fit moments before the accident took place, Fuji TV reported. The six elementary school students were killed on April 18 when they were run over by a mobile crane while walking to school in Kanuma, Tochigi Prefecture.
The prosecutor told the jury that by hiding his epilepsy to get his mobile crane driving license, Shibata had committed a serious offense which had resulted in grave consequences. The court also heard that he had caused accidents due to epilepsy before.
Shibata’s lawyer appealed for leniency by explaining that his client will be atoning for the accident for the rest of his life, the court heard.
The trial began in late September. After the opening session of the trial, a private meeting took place on Wednesday night between Shibata and the bereaved parents, but no details were revealed, Fuji reported.
The families also criticized police for not taking action against Shibata by confiscating his license after the earlier accidents, Fuji said.
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2
Gurukun
7 Years? That's it?
3
Alex Einz
a year per kid ? ridiculous.....
-2
jamplass
It was a tragic accident. 7 years of incarceration is enough. This man will spend the rest of his life trying to make amends to the families of these kids.
5
wontond
The children and their families deserve a lot of sympathy, but I feel for this guy as well. He's born with a disability, and thus employment options are limited for him. He's trying to make a living for himself, but ends up accidentally killing a bunch of small children. A sad situation for a number of reasons.
-3
Disillusioned
What about the kids' lives he snuffed out? How about their parents? Sorry, but this is no where near enough!
11
Nicky Washida
It was NOT a tragic accident! A heart attack at the wheel with no prior history is a tragic accident!
It was entirely preventable. He knew he was dangerous. He drove anyway. And not even a little put-put car for Gods sake, but a socking great crane truck!
And it was also NOT the first time he had caused injury through his own negligence. No, not even negligence - outright irresponsibility. 7 years is outrageous but sadly not surprising, and I doubt very much he will spend the rest of his life examining his conscience. He obviously wasnt doing that for the people he injured before by driving again and causing this accident.
12
Nicky Washida
Go ahead and thumb me down all you want. I am on the side of the parents who lost their little ones, who had their whole lives ahead of them. Not the "poor guy suffering with epilepsy whose lifelong dream was to drive a crane truck". My friends lifelong dream was to be a paramedic. She gave it up when she developed epilepsy because that is what you do when you actually have an ounce of conscience and personal responsibility.
7
Godan
Simply put, he should never have been behind the wheel in the first place. Why his license wasn't suspended/revoked after the first "accidents" is beyond me.
And as for the sentence, as usual I feel for the parents of the kids. Would have liked to hear what they said to the guy.
As for atoning, it wasn't like he took something that can be returned. How is he gonna atone?
Sorry, but I have little sympathy for this individual.
1
Mirai Hayashi
I agree with Nicky Washida. This man was FULLY aware of his health condition and yet lied and deceived to get this job. As a result, he took 7 innocent children's lives. So he has to live with a lifetime of guilt...GOOD, he deserves it. But the friends and family of the victims don't deserve having to live with a lifetime of loss and anguish that this irresponsible and selfish fool caused!
7 years? pfftt...not enough! Let's try LIFE..j-gov! Think of the families!!
0
Gurukun
Nicky and Godan get a thumbs up from me! Well said!
And if I can add two more cents.... Accident my ass!
4
buggerlugs
I agree with nicky and godan too. He knew what he was doing, he is not mentally impaired. This was no accident. He should get the remainder of each child's life in jail time.
2
ExportExpert
This guy was serving a suspended sentence at the time for causing accidents while driving and drove again knowingly he was sick. 7 years is no where near enough he should have atleast got 7 years for each little child he killed.
This guy is an absolute piece of something that you scrape of your shoe.
Disgusting what this guy has done and got off so lightly.
2
ReformedBasher
Think it's unamimous - this guy knowingly risked others and the poor kids (and their families) copped it. He deserves harsher punishment than 7 years in jail.
Reality check - 7 years in jail is no walk in the park (I've not experinced jail time but I do have an imagination), even so, he should be getting life at the very least.
Yeah, he can attone for it in jail.
0
gogogo
What a weak defense, the worst part is that in Japan sometimes it works :(
3
hoserfella
Less than 14 months for the life of every child. I've said it before but some of the most vile characters in this country are truck drivers. Many of them are total scumbags with no regard to life or safety.
4
bicultural
I agree 7 years is nowhere near enough, but it was the maximum sentence that the judge could give out in this case. THAT is the real problem, my friends.
-2
smithinjapan
Oh my god... a follow-up!
jamplass: "It was a tragic accident. 7 years of incarceration is enough. This man will spend the rest of his life trying to make amends to the families of these kids."
How about the lives of the 6 families this guy knowingly destroyed?
For all of those feeling any sort of pity for this man I say shame on you; Yes, he has a disability, but he KNOWS about it, and more importantly he has caused accidents in the past because of it and LIED about it to get the crane driving job. Seven years is not enough -- it should be at least seven PER child.
bicultural: "I agree 7 years is nowhere near enough, but it was the maximum sentence that the judge could give out in this case. THAT is the real problem, my friends."
Pretty sad, isn't it? I wonder if there was a way around it -- like trying him separately for each child.
2
senseiman
No question, the tragedy was entirely caused by the guy`s decision to get behind the wheel knowing the risks he posed to others by doing so.
At the time this happened I wanted them to lock the guy up and throw away the key. In retrospect though I think 7 years is fair. This isn
t some cold blooded killer. He was just a stupid guy who made a terrible decision that cost six kids their lives. Its not hard to see that he was in a hard situation - hide his illness or lose his livelihood. There is no excuse for the decision he made, but at the same time I can see how desperation could drive otherwise decent people (assuming he was one, we dont know) to do stupid things.Before I get slammed, I have to state again that I am not defending him. I
m just saying that in the circumstances I dont think life imprisonment like one would recieve for intentionally murdering people would be appropriate.Also, Utrack, if you`ll notice the article said he hid his illness in order to get a license. No country in the world to my knowledge actually tests people for epilepsy as part of their driver licensing process.
2
CrazyJoe
There is a civil suit in the courts demanding compensation of 380 million yen. The parents believe the driver's mother is also responsible since she knew about her son 's epilepsy and did nothing about it and let him continue to drive. They also hold the company that employed him responsible. The prosecutors demanded 7 years (maximum allowed) and that's what he got.
0
namabiru4me
I certainly hope the crane driver spends the rest of his life atoning... And, I hope those families who have to suffer with this tragic loss can recover. RIP kids, your lives were too short.
-1
combinibento
This is exactly the kind of sentence you would expect from a society that is so resigned to the "shoganai" concept, i.e., "what's done is done." There really is no culture of holding one accountable. This is what happens when so little importance is placed on the individual.
-1
BurakuminDes
It was tragic - but make no mistake, this driver was solely responsible. 7 years seems way too short.
-1
Mirai Hayashi
@senseiman
I made this argument the last time this story was up, but taking a job running heavy machinery that can KILL people while knowing that you have a disability is just as good as murder. Its like driving under the influence. You KNOW that you are drunk and yet if you choose to drive anyways, and you kill somebody as a result, then its no longer an "accident"; it's homicide (or vehicular manslaughter at least) which is like 5 years in jail PER count. That adds up to 30 years for this particular incident which is what he should have gotten at the very least.
Not for a licenses perhaps, but he should have been asked when applying for the job. When I was a teenager, I remember being asked if I had any disabilities before I operated a blender....why? Because those things can sever fingers if not operated properly, and because of insurance purposes....AND because its the responsible thing to do. And if not asked, you should disclose it.
You're making a big assumption here. Furthermore in a previous article it stated that he wanted this job because it was his childhood dream to operate a crane -which was also apparently his defense attorney's absurd defense strategy.
2
senseiman
Mirai - fair points. As a law school graduate I can correct your assertion that it is as good as murder. Murder requires a specific intention to kill. No legal system in the world (at least among developed countries) would recognize this as murder because it lacks the element of intent to kill. It is manslaughter or criminal negligence causing death, which is also what drunk driving causing death usually is. He did, of course, intend to get behind the wheel while knowing he posed a severe risk to others by doing so, which is why he was charged with a criminal offence, but the offence he committed was not legally murder.
I should also note that if it had been an
accidenthe wouldnt have been charged with anything at all, so Im very confused by why people think this distinction hasn`t already been taken into account by the judicial system. He committed a crime and he is being punished.As for the license, I
m sure they did ask him if he had any disabilities before giving him his license. Note that he had a special license to operate this kind of equipment and not a regular one. I think it would be reasonable for the employer to accept the fact that he has the license as evidence that he doesnt pose a safety risk in operating it. The article says he hid the illness, which I take to indicate that he lied on his application. My point was simply that that sort of thing happens in every country (the earlier poster had implied this was something wrong with Japan).About his livelihood - you might be right, I hadn`t heard that before (I only faintly remember watching the news when it happened). That would certainly be relevant to sentencing and would suggest a harsher punishment was warranted.
0
The Munya Times
It's not about mathematics, but if you find it not enough, don't grieve. That poor pathetic soul won't survive 7 years in a Japanese prison with suffering from epilepsy.
1
Ke11iente
Senseiman, thanks for providing such a sensible, fair minded opinion.
0
Mirai Hayashi
@senseiman
I agree with the charge itself, which I think equates to vehicular manslaughter. However, I don't think that the justice system in Japan penalizes on a per count basis (or so it seems) 7 years may have been a just sentence for the death of 1 child, we're talking six children. Coupled with the fact that he's a repeat offender (which tells me that he didn't learn from the first accident, and perhaps incapable of learning from his mistakes), and that he lied at some point to get this job, makes the crime even worse. 7 years per child is more acceptable in my opinion.
We have to disengage from the fact that this guy didn't "intend" to kill the children. Of course he had no intention (otherwise it would be murder by every definition of the word). but we're not judging nor should the prosecution should be trying to prove "intent". Rather, they need to prove criminal negligence and there is OVERWHELMING evidence that he was intentionally negligent.
That's not why people are so upset or surprised at. The biggest reason is the leniency of the sentence. I think we can all agree at this point that this is not just a mere unfortunate accident that couldn't be avoided. Despite the fact that he killed several children, while knowingly having a disability that adversely affects his mobility and ability to stay conscious, and have prior incidents because of this disability, he should be doing much harder time.
-2
The Munya Times
No, that wouldn't save lives.
The law should be changed and require all driver license holders, car or specific vehicles, to undergo a repeated regular yearly very extended and close medical examination, including psychiatric evaluation before issuing or keeping a license, instead of believing them about what they fill in a form. Specificly as even healthy drivers might fall ill at any time and it might remain unnoticed even for them.
Oh what a moron dreamer I am, that would cost the employers money. Easier to wait until something happens and imprison and kill one more unfortunate soul. Otherwise, until the form is legal, no employer will be held responsible for employing the wrong man. Stone age mentality.
And the cavemen, the employer and the HR, are scratching their heads in their full blown professionalism and say "oh, how could we know he was sick, or became that in the meantime, when he didn't tell us?" And what about those who don't even know they are even themselves?
Reminds me the old song, " where have all the flowers gone.... oh, when will they ever learn"
0
Hategobo
@senseiman. I do know that if someone in the UK has epilepsy the Doctor is obliged by law to notify the licencing authority in Swansea. Epilepsy being only one of the notifiable diseases or disabilities covered by legislation
1
vctokyo
the prosecutors only went for a more lenient sentence cause the cops were very much to blame for not taking the license from him...what are these guys actually doing apart from showing oba san's how to get to the nearest omiage shop.
i do feel sorry for him though, IF and only IF he was not in a mental capacity to determine if his actions of driving were right or wrong (being an epilepic)..i dont know enough about this disability...
-3
It"S ME
Our feelings and emotions shouldn't drive our actions/decisions, that is the big difference between us and many criminals. In the end he wouldn't be any better nor less criminal than the Driver.
0
Utrack
You have to go through alot to get a license to drive a crane. It's not like getting a license to drive a car. First he would have had to go to a school to Receive training from an organization such as the ATS Heavy Equipment Operator School here in the US. Then Get a certificate of competency from the National Commission for the Certification of Crane Operators in addition to your commercial drivers license, which you can obtain from your state here in the US. Then an optional step to Earn a certificate from the Occupational Safety and Hazard Administration (OSHA) that allows you to work with hazardous materials to increase available career opportunities here in the US. Then Start out as a dogman, the crane driver's helper who stands at the bottom of the crane and attaches weights and loads to the bottom of the machine. The dogman acts as a lookout through a walkie-talkie for the crane driver. Then and only then are you qualified to operate a Crane. So, this guy was Never sick all this time, No one saw it... Right.
0
Utrack
The process mention above is for US crane drivers.
-2
Gurukun
IT's ME, comment appreciated and I understand where you are coming from too. I also understand that accidents do happen and nobody can be prepared for these things. However, if this guy were to have killed my only child in the same situation, ...yes, I understand that I'd be sitting in jail too. My comment was not a matter speach or a play on words. I would have went after him with everything I had. The deaths of all those children were preventable if the driver had an ouce of common sense. For him to take away the good times and the bad times, the picnics in the parks, the drives, the graduations, the Christmas's, and all the other things that I cherish with my child....what more would I have to live for. So I'd sit in prison like the rest of the criminals....but I'd know that justice, in my way, had been served.
-2
Mirai Hayashi
Not meant to "save lives", but more to serve the punishment that fits the crime. Letting a person go free after 7 years after taking young innocent lives for a selfish reason is simply unjust!
Apparently so. Epilepsy doesn't deter your ability to make rational decisions, and most epileptics can lead healthy normal lives with proper medication or treatment. Epilepsy is more like a short circuit in the brain that causes temporary loss of motor functions over varying degrees. Some people will just nod off as if they fell asleep, while more severe cases can cause seizures, spasms, and uncontrollable jerking until the person is able to regain control.
0
Samantha Zoe Aso
Agree it wasn't an accident! He knew there was a chance he could have a fit while on the job. Everyone has basically said what I wanted to say.
1
tokyokawasaki
Totally agree with Nicky (as usual)...
His employers and the license issuing authority should also be at fault. Do they not have a responsibility to ensure the applicants are mentally and physically healthy? I cannot help thinking that much more disclosure and transparency is required when employing someone. So far we have all read many stories about criminals, unfit and mentally unstable people being employed when they have already being convicted or warned over previous offenses... How is it possible that and individual can hide his past and just get another job elsewhere??? The system needs to be changed and fast.
0
Mirai Hayashi
I think that he has the right to have a license if he want's. The license can be applied to driving less dangerous equipment within the confines of closed construction yard (for example), but the employer should have been the ones to regulate where and what he drives. They should have asked for medical records and physical examination results which should disclose any medication he's on or pre-existing conditions.
If he wants to operate a crane, let him do it, but not unsupervised and definitely not on public roads.
-2
smithinjapan
The Munya Times: "The law should be changed and require all driver license holders, car or specific vehicles, to undergo a repeated regular yearly very extended and close medical examination, including psychiatric evaluation before issuing or keeping a license, instead of believing them about what they fill in a form."
Ideally this might be a good thing, but it would NEVER work logistically, given both the costs and time it woudl incur to do ONCE (let alone yearly). On the contrary, people with disabilities, such as this man has, should be required by law to report it when receiving a license, and perhaps said people could undergo the testing you mention (not sure what psychiatric has to do with it, but still). Failure to report such disabilities should be a punishable offense as such, and in the case of an accident such as this (and keep in mind it was not his first) should receive a very severe sentence with mandatory jail time.
1
rickyvee
@smithinjapan and themunyatimes
you actually think it's IDEAL to take a psychiatric exam in order to get a driver's license? why not throw in a CT scan, urine and drug screening and a palmist reading? your logic fascinates me at times.
0
Dennis Bauer
@jamplass unless he doesn't care then 10 year per kid would be more appropiate
0
The Munya Times
@rickyvee
To clarify my post, as I always mentioned employers, I think of professional license holders.
Drug screening is a good idea in these days.
@smithinjapan
Admittedly, yes, that is another question how it would work out.
0
senseiman
Mirai - * We have to disengage from the fact that this guy didn't "intend" to kill the children. Of course he had no intention (otherwise it would be murder by every definition of the word). but we're not judging nor should the prosecution should be trying to prove "intent". Rather, they need to prove criminal negligence and there is OVERWHELMING evidence that he was intentionally negligent. *
They did prove criminal negligence. Otherwise he wouldn
t be going to jail. Intention was never an issue, I just mentioned it to distinguish this from an actual murder case since you said it was murder. It isnt.That's not why people are so upset or surprised at. The biggest reason is the leniency of the sentence. I think we can all agree at this point that this is not just a mere unfortunate accident that couldn't be avoided. Despite the fact that he killed several children, while knowingly having a disability that adversely affects his mobility and ability to stay conscious, and have prior incidents because of this disability, he should be doing much harder time.
Well that is a problem with sentencing. I
m not sure what you would hope to accomplish by sentencing him to more than 7 years. Are you afraid that the threat of spending 7 years in prison and having the deaths of 6 kids on your conscience for the rest of your life wont be enough to deter future epileptics from getting behind the wheel? I highly doubt that. For that reason I find this obsession with the math to be a pointless exercise. 7 years or 42 years - what is the difference? The kids are still dead. This guys life is ruined and making him spend a few decades extra in jail at public expense isnt going to make it any more so. What exactly do you expect it to accomplish other than to satiate your own sense of outrage?I`ve worked in the criminal justice system (breifly and not in Japan I hasten to add). I can say that there is only a very narrow range of criminals for whom lengthy sentences serve any social purpose. Those are the dangerous, violent ones who are basically career criminals and have no fear of serving short stints in jail. The only way to deter them is through the threat of long sentences. For everybody else, including the vast majority of criminals, even short sentences (and 7 years in a prison here is not that short a sentence) have a massive deterent effect (its actually the risk of getting caught rather than the risk of a long sentence that deters most people).
This guy does not fit into that hardened category nor does anybody else likely to commit a similar offence.
-4
smithinjapan
rickyvee: "you actually think it's IDEAL to take a psychiatric exam in order to get a driver's license? your logic fascinates me at times."
The inability of people to actually READ posts is what fascinates me. I said that while extensive testing may be ideal in theory, it is not practical, and if you check my comment further you'll see that I questioned what psychiatric evaluation had to do with it:
"(not sure what psychiatric has to do with it, but still)."
I went on to suggest that while it would be logistically impossible to do what The Munya Times suggested, it MIGHT be worthwhile to have those with disabilities such as the man in this incident register their disabilities, and be punished with fines and/or prison time if not (and definitely prison time if they cause an accident and failed to register their disability when getting a license).
Come on, bud... read before you post.
-3
smithinjapan
senseiman: "7 years or 42 years - what is the difference? The kids are still dead."
A little something called 'justice', and of course there's a 35 year difference between 7 and 42, the former after a mere seven years he can return to 'comfort' (compared to prison), the latter he must continue to suffer for a lot longer. His life is ruined, true, but at his own hand. Let him suffer in prison. So while this guy gets out of jail in seven years and can maybe try to lie AGAIN to get his license and work, the families of these dead little kids will suffer FOREVER. I'm not suggesting it be an eye-for-an-eye or anything like that, but seven years is not enough for what he did.
-3
Albert Lazzaris
He deserves death sentence. What law is this one?!
7 kids dead and 7 years in the prison? Perpetual prison for him wouldn't be enough though!
Really sad.
0
senseiman
Smithinjapan, so 42 years = justice? How do you arrive at that equation? Seems like just an excuse to vent outrage rather than a serious argument. You say you aren`t advocating an eye for an eye argument, but your logic is more or less the same since the only objective standard you are judging his punishment by is how long the families of the victims will suffer.
And how serious are you in raising the argument that if when he is released he will lie in order to get his license again?
2
LoveNot
This was an accident. He did not mean to kill seven people... It is not a premeditated murder. I am sorry for the parents but I am sorry for the epileptic men too. This is a tragedy. Parents think that by finding a scapegoat, they will feel better maybe which wont happen because nothing can return the kids to life... sadly,
2
It"S ME
LoveNot.
I got to agree I got friends who are epileptics, got their driver licences, etc and you would never guess unless you were told.
On same token I also agree with an earlier poster that the guy shouldn't have been allowed to drive the crane on public roads, private property/construction site is a different matter.
-1
Brian Sutton
Trust me for all the people that say... 7 years is good enough. and that they have to live the rest of their life knowing that they killed someone.. that should count for a lesser sentence... Obviously you never lost a child. If you did... you would for sure change your thinking.
What kind of scares me living here in Japan is just this....... If someone in my family gets killed or hurt... they will NOT get the justice they deserve. Japan needs to wake the hell up and change with the time... I keep saying that... tumb me down if you want,,, don't care.. There are so many outdated laws... For this topic, change the law to a higher sentencing.. and NOT just say... well he said he was sorry... oh and here is some money.. Lets give him a low sentencing.. if I were those parents.. I would sue that guy for all he is worth....
IN all... 7 years is pathetic... JAPAN
0
LH10
gruesome
1
Utrack
No one with a debilitating disorder should be allowed to operate any motor vehicle at all. Epileptic fits can strike any time. He could have been on a highway going 80km an hour and have one thus making him incapacitated ( slumped over drooling) who wants that to have a drivers license.
0
It"S ME
Utrack.
MOST Epileptic attacks can be controlled via meds, etc and thus allow people to live a normal life. Don't take your meds, get into extreme situations and ... but that is also true for most other meds/sicknesses.
Ever seen a diabetic, heart sufferer, etc driver having a breakdown just as bad.
How long should he go to prison as well as other sufferers? Yeah, sad some lifes were lost and if he forgot to take his meds he was negligent and thus got sentenced.
Wait till you get older/sick and are put on permanent meds to keep you going.
Would you know what to do if a diabetic, epileptic, stroke victim had an attack in front of you, most likely not. Would even know why he had an attack? Scary it is, as there are no early warning signs.
Not defending him but till you been there you simply can't judge.
0
Utrack
ItsMe I do have parents you know and you have listed some of their ailments and their meds have side effects NO NO NO they do NOT Drive.
-1
Chinchan Zu
is this for real? like? WHATTHE??? I know he was sick but this accident was his fault... I remember the reason why he did not reveal his sickness to his employer is that it was his lifelong dream to drive a crane... but seriously... our lifelong dream is for him to rot in jail and rethink his lifelong dream
-3
smithinjapan
It"s True: "Would you know what to do if a diabetic, epileptic, stroke victim had an attack in front of you, most likely not."
Actually, through your statement you reveal the guilt of this man and the root of the problem. If someone suddenly in front of me started having an epileptic seizure I would not know what do to UNLESS s/he had some indication stating they were epilectic, which the man in this case decided to leave out of the equation. If a person had a medic-alert bracelet or the around the neck info card stating specific problems I WOULD know what to do, wouldn't I? Fact of the matter is this guy lied about his sickness to 'achieve his dream' of driving a crane.
-2
smithinjapan
senseiman: "Smithinjapan, so 42 years = justice? How do you arrive at that equation? Seems like just an excuse to vent outrage rather than a serious argument"
I quoted the comment made: "whether it's 7 or 42 years". You forget that soon?
"And how serious are you in raising the argument that if when he is released he will lie in order to get his license again?"
If you claim to be a lawyer you're a bad one. I never said he 'would', I said he 'could', same as he did after his first accident -- ie. this was a repeat offense (something you forget to take into account).
-5
smithinjapan
senseiman: Or better yet, please tell me, from the viewpoint of the families who lost their children due to this liar, how seven years is a just sentence. You can't, can you?
1
osakaninja
Sentence maybe unfair to some but he is serving time for his crime.... we aren't judge and jury!!
0
nigelboy
Why are you surprised, smith? Not every follow-up to high profile cases gets reported by JT. Or perhaps you are criticizing JT which in that case, my bad.
Can't fault the prosecutors or the judge in this case for this is a maximum sentence under the current law.
Hence, the issue now turns to, should physicians mandatory report to the police of individuals who are diagnosed with epilepsy? While this may appear to be a solution, there is a likelihood of individuals with epilepsy who will choose not to seek treatment simply because they might have their license taken away and more so for those indiviuals whose job requires driving.
What's interesting to note that prior to 2002, people suffering from epilepsy could not get a license of any kind but the law was revised for the purpose of eliminating "discrimmination" for those who were suffering.
0
Utrack
Not true senseiman in the US The National Commission for the Certification of Crane Operators has a Physical Examination Form to be filled out by a Physican and one of the questions for health history is Seizures, fits, convulsions or fainting YES or NO.
http://nccco.org/general/documents/Physical_Form0507.pdf
1
nigelboy
Utrack.
Senseiman was referring to a specific test(s) and not some Physician form which is based mostly on patients' self declaration questionnaire.
0
Utrack
It's not a questionnaire. Vision, hearing, reflex, body fluids, throat, thorax etc. gets checked and if the Patient Passes the Exam he gets a Medical Examiners certificate
0
nigelboy
We're talking epilepsy. One cannot determine is he/she has epilepsy based on those simple tests. How does a physician determine if he/she had seizures, fits, convulsions or fainting based on those tests you provided?
0
Utrack
His meds would have been in his Body fluids and Doctors do A complete physical and neurological exam of muscle strength, reflexes, eyesight, hearing, and ability to detect various sensations are tested so your doctors can better understand the cause of your seizures. There are more tests of course.
0
nigelboy
Only if the physician or lab were looking for specific drug which based on the sheet you gave, is highly doubtful.
The sheet doesn't look like a complete physical to me nor do I find the sheet with a mandatory EEG and or MRI screening which is very costly.
As I stated before, many of the screenings rely on the applicant to be truthful about their medical conditions, hence a possibility of a few slipping by so to speak. Secondly, most nations including Japan allows you to work under these conditions if they are "controlled" through medication. The problem with this is that you are relying on these workers to take medications as prescribed.
1
senseiman
senseiman: Or better yet, please tell me, from the viewpoint of the families who lost their children due to this liar, how seven years is a just sentence. You can't, can you?
Unless you are going to tell me that you are willing to go to the same families and tell them
THIS sentence (whatever sentence you think is right) is a just sentence and you should be satisfied about itthen you can drop the dramatics. It does nothing but show that you are incapable of engaging in a rational discussion.1
rickyvee
@smithinjapan
maybe i misread your first word from your post which says "Ideally," and then the other words behind which says "this might be a good thing." sorry for my misunderstanding of the words you wrote. i am foolish to have ever doubted the true intent of your words.
-3
Elbuda Mexicano
This idiot epileptic driver should get the DEATH PENALTY!!!
-2
Elbuda Mexicano
7 years?? and what this fool will be out on the streets again??
-1
Elbuda Mexicano
These poor children, were mowed down by a selfish fool, hiding the fact that he had this diseases, epilepsy, which PROHIBITS them from DRIVING!!! What a selfish, low down, no good scum bag! RIP little kids up there in Tochigi Ken
-1
TinMadDog
I am not sure about the seven years being too light. Those saying he should get the maximum for each child are just not thinking straight. Let us say the same thing happened with another guy, but he killed two. You want to give him a lighter sentence for the same selfish carelessness, just because he was so much luckier than this guy?
No way! Its the same crime! Don't punish people for bad luck! That's crazy! If this this guy had had his fit one minute earlier or one minute later, he might have killed no one! In that case, you would not even be reading about him! But I would still want his butt in jail for about the same amount of time.
His crime was being a selfish, reckless idiot and toying with all our lives. Killing seven kids was just horrible luck.
-2
smithinjapan
nigelboy: "Why are you surprised, smith? Not every follow-up to high profile cases gets reported by JT. Or perhaps you are criticizing JT which in that case, my bad."
Sorry for the late reply. I'm surprised because many stories do not have follow-ups in terms of sentencing. It was not a serious criticism, really... just a rather thin-tipped pen's exclamation point on that point. I wouldn't say this is all that extremely high-profile.
senseiman: "Smithinjapan, so 42 years = justice? How do you arrive at that equation?"
42 years was the upper limit you put on your '7 years or 42 years' it's-all-the-same-thing argument, hence I quoted your final number in my own comment saying the latter would be MORE justified than the former given the man's REPEATED (as a lawyer my guess is you understand what more than one means?) offense and the fact that it should be weighed more heavily, even if not 'murder'.
"Unless you are going to tell me that you are willing to go to the same families and tell them THIS sentence (whatever sentence you think is right) is a just sentence and you should be satisfied about it then you can drop the dramatics."
Why would anyone declare something irrational rational just for the sake of argument? It is not a just sentence, so who would be willing to go say it is just to see the families' faces and say, "Phew! I just wanted to check... let's debate this further and, shucks... let's appeal!"? If you are asking me that if they guy got seven years PER CHILD, or your own tossed out on a whim 42 instead of the seven you say is just, I would ABSOLUTELY go and tell them it's just -- and point out that you though seven total was the same thing, rationally. Granted it would play on their emotions a tad, but it wouldn't be any less correct.
TinMadDog: " Let us say the same thing happened with another guy, but he killed two. You want to give him a lighter sentence for the same selfish carelessness, just because he was so much luckier than this guy?"
YES! Although saying someone who thinks the person in your analogy is 'luckier' is a bit of a stretch. How about this, though, since you're into examples: I steal something from my place of work -- let's say a job at a pawn shop -- but get off because I am declared a kleptomaniac. I then get a job somewhere else some time later and refuse to tell them I'm a kleptomaniac and then get busted for stealing AGAIN, after being warned in the former case and ignoring my meds (assuming there's treatment). In the latter case I worked at a much higher-end place -- Tiffany's -- and took WAY more than when I worked at the pawn shop. Should I get more because I took more? Should I get more because i didn't take my meds AND took more? Should I get more because despite being caught once I continued my behaviour?
-2
smithinjapan
It"s Me: "Wait till you get older/sick and are put on permanent meds to keep you going."
Older than 26? It's sad this man is sick, but sadder still that even after previous accidents, lying, and now the deaths of six children that people are still suggesting he is not to blame, and that if he is it's not his fault.
-2
smithinjapan
Elbuda: "This idiot epileptic driver should get the DEATH PENALTY!!!"
Don't know if you're being serious, but if so I think that's definitely pushing it. I agree with one poster's posts above -- take the average life of a human being, and given the man the balance of each life taken that the kids couldn't live. So.... 70 years or so per child, on average. I've upped it ten times based on the level of disgust at the sympathizers we're seeing. This man should never, ever, be let out of prison or some kind of high-security institution in his life time. He knew what could come of his actions, but did it any way out of selfishness. At BEST that's six counts of manslaughter alone for this incident, not to mention reckless driving, negligence resulting in death, etc. But hey, let's have senseiman tell us how the lives of the seven kids aren't worth a dime each in the klink for this killer (notice I didn't say 'murderer'!) a dime total.
-2
smithinjapan
senseiman: "And how serious are you in raising the argument that if when he is released he will lie in order to get his license again?"
Why is it so hard to believe? Why did he lie this time about his disability? because it was his 'lifelong dream to drive a crane'? What makes you think he won't again at 33? Still young... still needs to work... still time to support a family (despite destroying at least six). What if he has other 'dreams'?
0
senseiman
Um, yeah. You just responded to an older post of mine for the second time for some reason, more or less repeating yourself. I guess you are just being combative here for the sake of being combative?
0
Samantha Ueno
Well, when he gets out (if he's on good behavior he might even get out early! Yay system!) they should notify the families, and also send out a notice to all DMV offices (the Japanese equivalent of them anyway) to not give this guy a license (with penalty if ignored) And of course make it a huge news story, plaster his name everywhere so its known by every average Japanese person...use the media tricks to turn him into a monster on TV. increase the chance of him never getting a job and living his whole life shamed by society.
0
ramses68
Must take issue with Utracks assertions. To drive a crane in the U.S. all you need are an appropriate class of CDL(Commercial Drivers License) and a valid D.O.T. medical card. The med card is a simple physical exam. Sight, hearing, height, weight, blood pressure check, urine drug test. He MAY look in your ear, and ask you to turn and cough. Any information that you provide concerning previous afflictions, current illnesses, medications, surgeries, etc. is voluntary. It should be disclosed, but of course if you don't, then there is no way for them to know. In the U.S. you are not eligible to hold a CDL if you have a HISTORY of seizures. How do they know? Once again, you have to disclose the information. YOUR Doctor cannot report your condition to the state as it would violate doctor/patient confidentiality laws.
As to NCCCO certification, you don't need to go to school, you don't have to have a medical check, and you don't need to start as a "dogman". Although that MAY have changed as I have let my certification lapse over the last year and haven't bothered to retake the test.
Epilepsy/seizure isn't like pinkeye, its hard to diagnose in most cases, unlike Gran mal seizures. Once diagnosed doctor/patient confidentiality laws would prevent your doctor from reporting it to the authorities. This gentleman failed as a human being. He failed to consider the impact of his actions. He acted in selfish manner, whether to have a job, or to live out his crane operator dreams. Most likely he never even considered the fact that this type of thing could happen, which is sad. He failed to take responsibility for himself. I don't believe he needs to do life in prison. However, I wish they would have doubled the sentence given him. Those families lost their future, their children, because of his selfish heedless actions. If he was previously found responsible for seizure related accidents, then I would lay the blame on the Jgov also. They should have already known of his condition and had him flagged in their system as ineligible to hold the license that he held.
0
ramses68
Need to amend my previous statement regarding NCCCO certification. You don't need to take/pass an additional physical examination. They will accept your D.O.T. med card as the same provided that you keep it current(i.e. renew every 2 years).
0
nigelboy
Smith. Maybe you're not getting the formula. There is a reason why the court decision was all over the media. Because it was a high profile case.
-1
KefkaPalazzo
no... no... NO! i think this man deserved nothing less than a life sentence or DEATH.
seriously! he got leniency for "regretting what he had done and wanting to atone"??? what kind of baloney is that! this is not some simple " oops i ran over your dog, I'm really sorry" this was the deaths of SIX CHILDREN! there is no regret or attempts of atonement ( short of death or life behind bars) that could EVER come close to helping the 6 families he RUINED forgive him.
this SHOULD have been put to a stop after his FIRST epilepsy accident!
if he had learned from his mistakes and moved on these 6 kids wouldn't be dead!
lets go over his list of crimes
what is wrong with the Japanese court system?? 7 years for the murder of 6 kids. think about those grieving families who lost their kids to that monster
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