In front of the Court of Appeal, the Deputy Attorney General requested the maximum penalty for Dmytro K., who, while drunk and speeding, struck and killed Hervé Algarra on January 7, 2023.
"I didn't want to kill anyone. For the 17 months I've been in prison, I've tried to understand what happened, to find answers. Many details led to this tragedy, for which I am deeply sorry. Honestly, I think he could have been saved."
Presenting his case on Monday before the Monaco Court of Appeal, Dmytro K. hoped to appear in a better light than during his initial trial, where he was sentenced to 5 years in prison for hitting and killing Hervé Algarra on January 7, 2023, at 10:55 PM while driving drunk and speeding on Boulevard du Larvotto.
Instead, he only intensified the anger and immense grief of Matthew and Karen, the son and wife of the deceased, who were present in court, and created a palpable discomfort in the courtroom, seeming to shift some of the blame onto others.
"All the facts were not examined and do not objectively reflect reality," he claimed, with an evasive gaze and pale complexion, before the First President Francis Jullemier-Millasseau.
The 39-year-old Ukrainian, while admitting to drinking alcohol despite refusing tests, and unable to dispute the expert's report stating he was driving at 85 to 90 km/h, made several missteps during his defense.
He blamed poor tunnel lighting for his swerving and loud music for not hearing the impact, which led him to stop 174 meters further after hearing his mother's screams. He also claimed his vehicle wasn't entirely on the wrong side of the road. During the unbearable viewing of surveillance footage, he suggested that those who attempted resuscitation and removed Algarra's helmet might not have been qualified.
It was pointed out that these individuals were trained in first aid and that Hervé Algarra's pulse was already untraceable.
After a recess, Dmytro K.'s tone changed dramatically. "If I could have traded places with Mr. Algarra, I would have. No matter what I say or do, I understand the pain I caused his family. I am ashamed, I deeply regret it, and I ask for forgiveness. I never want to drive again. This is also a tragedy for me and my family. I will live with this for the rest of my life," he said, a father of two daughters aged 13 and 18, and a former company director.
The civil party's lawyer couldn't overlook Dmytro K.'s earlier statements. "Hervé Algarra's death wasn't due to 'details.' It's outrageous to hear that. It was due to Dmytro K.'s irresponsible and dangerous behavior. The case is clear; it's time to take responsibility," fumed Me Christophe Ballerio, the Algarra family's lawyer. "This lack of compassion and empathy is nauseating. A little decency! The Algarra family has suffered enough."
Deputy Attorney General Emmanuelle Carniello requested six years of firm prison time, the maximum for aggravated involuntary manslaughter, along with a five-year driving ban in Monaco and vehicle confiscation.
"He could be prosecuted for 'road murder' (...) It wasn't just bad luck. He may not have intended to kill Hervé Algarra, but he made choices that led to his death," she argued, citing his behavior before, during, and after the incident, as well as previous traffic offenses in Switzerland and France.
Defense lawyer Me Mathurin Lauze attempted to humanize his client, referencing a "clash of cultures" and avoiding hurting the victim's family with his words, a challenging task that ultimately failed, prompting Karen Algarra to leave during his plea.
"This sentence will never compensate for the Algarra family's pain (...) My client has been somewhat dehumanized, caricatured because he is extremely awkward. It makes him seem heartless and incapable of compassion. He is hard to listen to, mostly his own fault (...) But he hasn't denied the alcohol, speed, or trajectory. He acknowledges responsibility, but struggles to fully accept it and seeks reasons, likely as self-protection (...) Sentiments don't make decisions; the case facts do."
The verdict will be delivered on July 8 by the judges.
At 10:55 PM on January 7, 2023, the tragedy occurred on Boulevard du Larvotto. Drunk at the wheel of a Mercedes-Benz G-Class after a boozy Orthodox Christmas celebration in Èze, Dmytro K. struck Hervé Algarra at high speed near the IM2S tunnel exit by the bridge over Sainte-Dévote Square.
Algarra, a 54-year-old father of two boys aged 23 and 12 and a valet at Monte-Carlo Bay since 2005, was riding his scooter home from work. Due to limited visibility around the curve, he couldn't avoid the speeding vehicle that had crossed halfway into his lane.
The horrific scene, captured from multiple angles by surveillance cameras, was shown in court to clarify the events. The footage shows Dmytro K. continuing for 174 meters before stopping, prompted by his mother's screams. After inspecting the damage on the left side of his car, he slowly walked back to the accident site, a lack of urgency criticized again in the Court of Appeal. "I thought I had hit the wall. I didn't hear the crash. I didn't realize what had happened," he explained to President Francis Jullemier-Millasseau.
He claimed to have run to the victim and checked his pulse. However, his explanations didn't convince the judges, as they weren't corroborated by surveillance footage or witness statements.
At 11:41 PM, despite resuscitation attempts, the SMUR doctor officially declared Hervé Algarra dead.
Police found alcohol in his car and presented a breathalyzer and drug test, which Dmytro K., showing clear signs of intoxication, refused. He maintained this stance at CHPG for a blood test. "My explanations might seem strange in hindsight, but I only wanted to do these tests in the presence of a lawyer. I was in a serious situation in a country where I didn't know the laws or language. In Ukraine, police often set traps... So I was wary." By the time he agreed, it was too late, and his blood alcohol level registered zero. "I never denied drinking alcohol. I felt capable of driving."
"Drugs remain the big unknown in this case," lamented Emmanuelle Carniello.
Charged with five counts, Dmytro K. was placed in pre-trial detention on January 9, 2023, at Monaco's prison. For the past 17 months, he has been incarcerated. The accident expert confirmed he was driving between 85 and 90 km/h on a 50 km/h road, that both vehicles had no technical faults, and that Hervé Algarra had no chance to avoid the collision.