A barman accused of trying to kill three children in his car by driving ‘at speed’ into oncoming traffic when he was ’emotionally’ upset has been jailed for four years.
Tancredo Bankhardt, 41, was said to have failed to secure seat belts around his young passengers before deliberately causing a serious collision involving multiple vehicles.
Several people were injured in the crash, including two of the children in the defendant’s Vauxhall Astra who suffered serious injuries.
Tancredo’s plan to ‘deliberately’ kill the children was thwarted because nobody died in the crash on the night of September 26 last year on the A146 road between Loddon and Hales in Norfolk, the prosecution claimed.
But a jury of ten men and two women acquitted him of three charges of attempted murder on Tuesday, following a two-week trial.
They found him guilty of four other charges, however – three of causing serious injury by dangerous driving involving two of the children and a driver in another car, plus a separate charge of dangerous driving.
Sentencing him today, Mrs Justice Eady said she accepted he was ‘feeling distressed’ but told him: ‘There was no justification for not ensuring that the children were wearing seat belts.’
She added that his ‘high levels of emotion and distress’ were borne out by the dashcam footage from his car which recorded him driving up and down before the collision and showed that he was being distracted while driving.
Tancredo Bankhardt, 41, was said to have failed to secure seat belts around his young passengers before deliberately causing a serious collision involving multiple vehicles
But the judge told the defendant that steering into oncoming traffic was a ‘a highly dangerous manoeuvre’ which was not mitigated by that the fact he was in a ‘highly agitated state’.
She said: ‘You prioritised your emotional needs over the safety of your passengers and other road users over a prolonged period.’
Mrs Justice Eady also pointed out that Bankhardt had made no attempt to avoid the oncoming cars while the drivers of both vehicles had tried to swerve out of the way.
Opening the trial last month, prosecutor Stephen Rose KC described how the Brazilian had been ‘emotionally’ upset as he spent two hours driving up and down the A-road.
He then accelerated up to 74mph and veered on to the wrong side of the 60mph route before smashing his blue Vauxhall Astra into the path of a red Honda SUV, driven by Lukasz Wawrzenlzyk.
A black Audi A5 driven by John Huggins behind the Honda was also involved in the collision.
One of the children in Bankhardt’s car suffered serious wounds including a cut to a cheek, a bleed on the brain and a collapsed lung, while another had serious injuries to their head, back and a leg which was fractured.
Mr Wawrzenlzyk had been unable to avoid a collision, despite steering into a verge and ending up in a ditch, Mr Rose said.
The Brazilian barman was jailed for four years for the dangerous driving offences
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‘Emotional’ driver tried to kill three children by driving into oncoming traffic, court told
He also suffered significant injuries, while Mr Huggins had injuries to his chest and abdomen.
Father-of-two Mr Wawrzenlzyk, 45, said today in a victim impact statement that was left in severe pain and forced to spend 11 days in hospital and 11 weeks in bed at home.
The crash had caused him and his family ‘lasting physical and psychological harm’ and he still suffered pain on a daily basis and tension and discomfort while driving.
Describing the collision he said: ‘Within seconds, my life and my family’s lives changed completely.’
Mr Wawrzenlzyk added that his oldest daughter had been left blaming herself for the crash as he was on his way to pick her up at the time.
As a result, her A levels had been disrupted, while his younger daughter had been left ‘emotionally withdrawn’.
Simon Spence, defending Bankhardt, said he had shown full remorse.
Jurors heard that Tancredo had posted a selfie showing him in his car with the three children, who can’t be identified for legal reasons, shortly before the crash.
Mrs Justice Eady told the defendant she accepted he was ‘feeling distressed’ but added: ‘There was no justification for not ensuring that the children were wearing seat belts.’
A woman, who also cannot be identified, gave evidence about messages and calls she received from the defendant that left her ‘really scared’.
One message said: ‘I hope God doesn’t treat me badly up there… See you in the next life.’
In a call played in court, which was recorded on a dashcam, Tancredo said: ‘I hope you are very happy from the very bottom of my heart. There’s nothing to be done…’
He added in another conversation: ‘Don’t let me take the next step.’
But in another part of the dashcam audio, Tancredo could be heard denying that he intended to kill the children.
The woman called police, telling a 999 controller that Bankhardt was ‘going out of control’ and she feared he was going to kill himself and the children.
She informed officers who rushed to her home within minutes that she had no idea where he was when he was sending her the ‘strange messages’.
The woman, who sat behind a screen in court, wept as she told jurors: ‘I didn’t realise to be honest that this was going to happen. I tried to put something for the police to act.’
Tancredo’s last call was to his brother, Arnaldo, at 8.26pm.
The dashcam audio recorded him saying ‘I was only driving around to clear my head up’ shortly before a ‘bang’ was heard.
Mr Rose told the court that Bankhardt, of Great Yarmouth, had fastened the seatbelts in the car by placing them into their buckles and then sitting the children on top so they were not secured.
‘The prosecution say it points firmly into the direction that their seat belts were not meant to be doing their job that night,’ he said.
‘Mercifully, whilst serious injuries were caused in the collision, thankfully no lives were lost. But a number of people involved received significant injuries.’
But Bankhardt, who suffered significant leg injuries himself, gave a statement to police in which he insisted the crash was not intentional.
He declared in the statement: ‘I love myself [and would] never hurt myself [or anyone else].’
Asked in court by his defence barrister ‘Is all that true?’, he said: ‘Yes.’
The defendant also insisted he had ‘no reason’ to kill the children.
A forensic vehicle examiner found no mechanical defects with the car or any reason for the driver losing control, jurors heard.
Footage on Bankhardt’s dashcam also showed him putting on the main beam of his headlights as he approached the other cars involved, leading to the other drivers both flashing him.
Tancredo’s half-sister Eliana Aureliana, 47, welcomed the verdicts earlier this week after watching proceedings in the public gallery with other family members.
She insisted that the crash had happened because ‘of the pressures he was under’ and that he did not mean to harm the children.
Ms Aureliana, who lives in London, said: ‘He is a good man and the jury realised this. He was painted as an evil man during the trial – but he is just a human being.’
Following the sentencing Detective Constable Sean Woolward said: ‘Multiple people suffered serious life-changing injuries in this crash caused by a number of factors which all come back to Bankhardt.
‘Today’s sentence reflects the devastating consequences that dangerous driving can have in a matter of seconds.
‘In choosing to drive dangerously Bankhardt put other road users at risk. It is incredibly fortunate there were no fatalities and our thoughts remain with those who were injured as they continue to recover from the trauma of that night.’
