26.03.2025 11:21
A 20-year-old driver, who caused an accident in İzmir that resulted in the deaths of 5 people, including 4 from the same family, and injured 20 others, has been sentenced to 18 years in prison. It was determined that the driver was 100% at fault, and their sentence was increased by half due to the incident occurring with "conscious negligence" and their reckless behavior in fleeing the scene.
A terrible accident occurred in the Kısık neighborhood of Menderes district in İzmir on June 30, 2023, around 19:00. A car with the license plate 34 DEB 698, driven by Özcan Özer (57) and carrying 11 people, was side-swiped by a light commercial vehicle with the license plate 35 ADF 564, driven by Yusuf İslam Koçak (19). The car, which Özer lost control of, crossed the median and collided with a passenger minibus driven by İsmail Akdar, coming from the opposite direction with the license plate 09 BU 404. In the accident, driver Özcan Özer, Sibel Özer (54) in the vehicle, Şengül Akbaş (64), the driver’s son Ali Alperen Özer (18), and passenger Mustafa Kemal Karaca (86) in the minibus lost their lives. Seren Öner, Hatice Beren Öner, Ayaz Efe Kazaker, Deniz Kazaker, Doğa Kazaker, Yiğit Özer, and Çiçek Akba, who were in the car driven by Özer, as well as passengers Mete Akba, Hatice Kama, Fatma Tüntanır, Belgin Harzadın, Hıdır Kama, Chen Tseng, Erdem Çeven, Azra Çeven, Esra Tarkan, Hüsniye Ayşe Maraş, Kuzey Kalabak, Cehn Chingi Ju, and Sacide Karaca in the minibus were injured.
From left to right: Sibel Özer, Özcan Özer, Ali Alperen Özer, Şengül Akbaş ACCIDENT LIKE A MASSACRE CAPTURED ON CAMERA The accident was captured by a car camera. The footage shows the light commercial vehicle rapidly side-swiping the car driven by Özcan Özer, and the moments when the car, losing control due to the impact, crossed the median and collided with the minibus. After hitting the car, the driver of the light commercial vehicle, Yusuf İslam Koçak, fled the scene but was later caught and taken into custody. In his statement, Koçak said he lost control of the steering wheel while trying to overtake a vehicle in front of him. After his procedures at the gendarmerie, Koçak was referred to the courthouse and was arrested. In the report regarding the accident, it was determined that the car driver Özcan Özer and the minibus driver İsmail Akdar were not at fault, and all the blame was placed on the commercial vehicle driver Yusuf İslam Koçak.
PENALTY INCREASED FROM 12 TO 18 YEARS Koçak, who was reported to be sober, faced a total of up to 22.5 years in prison for the crime of "causing death and injury by conscious negligence" at the İzmir 7th High Criminal Court. In the trial held last September, the court sentenced the defendant Koçak to 12 years in prison for the crime of "causing the death and injury of multiple people by negligence." Due to the accident being classified as "conscious negligence," this sentence was increased by half, raising the prison term to 18 years.
DECISION APPEALED Following the parties' appeals, the case was taken to the appellate court. The İzmir Regional Court of Appeals 14th Criminal Chamber emphasized that Koçak was 100% at fault, while the other drivers Özcan Özer and İsmail Akdar had no fault. The chamber noted that the defendant made dangerous and sudden lane changes, continued his reckless driving despite foreseeing that it could lead to an accident, and acted with conscious negligence. It stated that there was no evidence that the defendant accepted that people would die or be injured, indicating that there was no possibility of intent. The chamber concluded that he acted with conscious negligence because he relied on his own skills and luck.
APPEAL DECISION UPHELD The chamber highlighted that despite being a newly licensed driver with more restrictions compared to other drivers, Koçak drove recklessly and fled the scene with an indifferent attitude after the accident, which led to the increase of his sentence by half. The chamber ruled that the local court's decision was procedurally and substantively appropriate, that the evidence was complete, that the defendant's actions were correctly characterized, and that there was no legal violation, thus upholding his sentence.
"WE WILL APPEAL THE CASE" Lawyer Aykut Dikencik, representing the plaintiffs, stated that they would take the case to the Supreme Court, saying, "We believe that the defendant should be punished for possible intent in this incident, and therefore his sentence should be increased. For this reason, we will appeal the case."