US Navy officer facing jail over fatal accident

[thomas]

Last year, Ridge Alkonis, a U.S. Navy lieutenant, killed two Japanese when he lost control of his car and collided with them on Mt. Fuji. Alkonis claimed he lost consciousness due to mountain sickness, the prosecution treated it as a case of deadly negligence. According to a statement of facts provided by a family spokesperson, he was arrested by Japanese authorities and held for 26 days in solitary confinement at a police detention facility, interrogated multiple times a day and not given medical treatment or evaluation.

The case is playing out against the backdrop of long-standing concerns by Japan about bad behavior, however sporadic, by the tens of thousands of U.S. service members in the country and a sense that they are afforded preferential treatment. A 2014 AP investigation found that at U.S. military bases in Japan, most service members judged culpable in sex crimes in recent years did not go to prison, with offenders instead routinely punished by demotions, fines or removal from the military. This case is different, though, in that Alkonis is not accused of acting with any nefarious intent, and he and his family say they have taken repeated steps to express remorse and to accept responsibility. The family says they were encouraged by Alkonis' lawyer to cooperate, plead guilty and pay restitution to the victims' families — which they did, by signing a $1.65 million settlement, about half of which was raised from savings and friends and family.

Although I have no doubts that a Japanese driver would have been treated the same way, solitary confinement and strict interrogation in case of an accident that did not involve intoxication seem draconian. And as we know, there are exceptions for "high-class citizens", even if they kill a mother and her baby.

US naval officer in Japan faces prison over deadly crash

A U.S. Navy lieutenant in Japan is appealing a three-year prison sentence for a car crash that killed two people last year.

apnews.com

 

[johnnyG]

I just read an article about this: US naval officer in Japan faces prison over deadly crash

The comments were mostly supportive of Japan (and the judge's take) on it. Things like "three years is already lenient for killing two people", and doubts about the supposed 'mountain sickness' (or 'Fuji sickness', which, if it's altitude sickness is quite different to falling asleep at the wheel--or some other cause).

 

[Lothor]

The end of the road is an altitude of 2,400m, which is rather low to be experiencing altitude sickness.

 

[thomas]

I just read an article about this: US naval officer in Japan faces prison over deadly crash The comments were mostly supportive of Japan (and the judge's take) on it. Things like "three years is already lenient for killing two people", and doubts about the supposed 'mountain sickness' (or 'Fuji sickness', which, if it's altitude sickness is quite different to falling asleep at the wheel--or some other cause).

I, too, believe that a three-year sentence is appropriate, provided the driver did not fall unconscious and/or acted grossly negligent. I was surprised at the pre-trial confinement. I don't know about the US, but looking at recent European cases, drivers are usually remanded in custody in case of intoxication, speeding, reckless endangerment, or other aggravating circumstances, regardless of fatalities. Denying him medical treatment, as mentioned in the article, sounded harsh.

 

[Petaris]

There are several things that don't make sense with that. If he just fell asleep I would think the accident would have awoken him but the Yahoo article says it didn't. Also this is interesting:

He later testified to feeling sudden mountain sickness — a finding supported by a neurologist's June 2021 diagnosis — but the judge said such a sensation should have abated as Alkonis drove down the mountain.

So even thought there was a medical diagnosis the judge just gets to say they don't believe it?

I also agree that the solitary confinement and constant interrogations seems a bit overkill for someone who didn't deny that he was responsible. It almost seems like this case is being treated as retribution for all of the other cases where punishments have been handled on the military/US side instead of in Japan.

 

[mdchachi]

If it was medical it probably wasn't altitude sickness. A mini stroke or seizure or something.

 

[thomas]

The verdict is out: Lt. Ridge Alkonis was sentenced to three years in prison. The high court judge did not accept that Alkonis had lost consciousness due to altitude sickness, which was the assessment of the U.S. Navy. Instead, in the judge's opinion, the Navy officer had dozed off behind the wheel. If he was tired, she said, he should have pulled off of the road.

No one will ever know for sure why Alkonis passed out. Neither the Japanese police nor the U.S. Navy conducted a full medical exam during the 26 days he was in detention before he was charged.

The article linked below also hints at an alleged bias against U.S. service members. I doubt that a Japanese citizen would have received a lighter sentence.

U.S. Navy officer facing 3 years in jail for deadly car crash in Japan

Lt. Ridge Alkonis' wife is "really angry" about the sentence that will separate her children from their father.

www.cbsnews.com

 

[Grandpa Frank]

Like any big group , always some bad apples. My Navy roommate in Japan got drunk and crashed his car. He took a taxi back to base and said it was stolen. When you transfer out, they give you your medical records for the 2 years you are in Japan(sealed). He steamed his open so he could remove the 32 cases of clap he was treated for while there. He used to steal my clean underwear from my base locker. Needless to say , I was sure glad to see him go.

 

[thomas]

I just noticed this:

Lt. Ridge Alkonis' wife "really angry" about the sentence that will separate her children from their father.

I wonder if she ever wasted any thoughts on the feelings of the families of those killed by her husband.

 

[johnnyG]

The end of the road is an altitude of 2,400m, which is rather low to be experiencing altitude sickness.

Looking for a comparison, Estes Park, Colorado, seems to convert to ~2290m. And in season Estes is jammed with cars, crowds walking the town, cafes/restaurants, and so on. (We once spent a night at the old hotel where the movie The Shining was filmed.)

How to Prepare for an Adventure at Altitude

Altitude sickness can ruin a good day at its best and turn it deadly at its worst. Fortunately, it’s rare that anyone will get true altitude sickness below 8,000 feet. But if you’re visiting a mountainous region from sea level, it’s worth paying attention.

www.visitestespark.com

"A lot of fun and adventure happens at higher altitudes: Take Estes Park, Colorado, which sits at an elevation of 7,522 feet. ... it's rare that anyone will get true altitude sickness in Estes Park. ... Mountain sickness can happen at altitudes as low as 8,000 feet, so there's little need to worry while enjoying Estes. ..."

Also, the caption of a pic there: "Estes Park, Colorado, sits just above 7,500 feet, which is below the threshold for experiencing altitude sickness."

 

[thomas]

Stephen Givens, a corporate lawyer and an adjunct professor at Keio University Law School in Tokyo, on why putting pressure on Japan to release Ridge Alkonis is wrong. Apparently, U.S. Senator Mike Lee is threatening PM Kishida to put Tokyo's security arrangements with Washington under congressional review unless an imprisoned Navy officer is released and allowed to return home by the end of the month.

​

Put aside the recklessness of a threat, by Twitter post no less, to upset security arrangements with America's strongest Asian ally over the alleged mistreatment of an individual citizen. Ignore the arrogance of assuming it is in the power of the prime minister to overturn a verdict reached by an independent court. [...]
Under Japanese law, traffic accidents resulting from simple negligence can be, and frequently are, criminally prosecuted. When an accident results in death, the likelihood of criminal prosecution rises dramatically. In 2020 Japan recorded 2,839 traffic-related deaths, compared with 38,324 in the U.S.

That statistic, as far as it goes, is accurate. Of the 1,071 drivers charged with criminal negligence in fatal cases in 2020, 1,001, or 94%, were given suspended sentences. What Lee overlooks, however, is that the vast majority of those granted suspended sentences, unlike Alkonis, were in accidents that killed a single victim. When driver negligence leads to multiple deaths, the odds of a suspended sentence sharply decline. Conversely, as a general rule, the larger the number of victims, the longer the prison sentence.

Congress also included a special measure continuing Alkonis' pay and benefits during his imprisonment in a spending bill passed at year-end. But the facts simply do not support the charge that Alkonis was the victim of a double standard of justice stacked against foreigners. The reality is that there are dozens of Japanese serving time for similar instances of unintentional negligence behind the wheel. Lee should be ashamed for bullying an ally based on an ill-informed smear against its justice system.

Paywall alert:

U.S. pressure on Japan to free jailed naval officer is misplaced

Sentencing of Lt. Alkonis for fatal accident in line with local cases

asia.nikkei.com

 

[Majestic]

Three years for taking two lives. And this was back in 2021. I don't know how Japanese sentencing or incarceration works, but this guy is likely to be free next year, no?

And Senator Mike Lee is, what, threatening to scrap the bilateral security arrangement between the US and Japan over this? This is the hill Mike Lee wants to die on?? I'm reading his tweets on the thread above, and its blowing my mind. Just over-the-top ridiculousness, divorced from reality, and of course completely ignorant of world politics or history.

 

[johnnyG]

It's the supra-citizenship concept, associated with the modern/US version of imperialism--don't take over and run a country in the 1800s european style, just a lot of military bases and a "defense umbrella" (hey we "pay" for your defense, so you owe us), trade/economic engagement (dependency) such that senator mike can squeak and spout off.

 

[thomas]

And spouting he still is: after PM Kishida ignored several of his "deadlines", he threatened consequences.

Quotes from Fox News:

"Hand Lt. Alkonis over to U.S. custody immediately," Lee said in one message. "If you don't hand him over in the next seven hours, a series of conversations will begin tomorrow to inform Americans of how poorly you're treating our military personnel—not just Ridge Alkonis, but all 55,000 U.S. forces in Japan," he tweeted later. "You've made your choice," Lee tweeted just minutes after the midnight deadline past. "I hope you're ready for some conversations on the Senate floor that you're not likely to enjoy. This issue isn't going away, and neither am I."

Lee has floated the possibility of blocking the sale of 400 Tomahawk missiles to Japan over the incident. According to Politico, he will also demand Alkonis' release on the Senate floor later Wednesday.

MSN

"If you do so, I'm willing to forget all about this unfortunate incident," he tweeted at Kishida. "If not, we're going to have a long series of conversations about the SOFA that you will not enjoy." SOFA, the status of forces agreement, specifies the rights and responsibilities of those affiliated with the U.S. military in Japan.

And:

The senator then promised to "inform Americans of how poorly you're treating military personnel — not just Ridge Alkonis, but all 55,000 U.S. forces in Japan," in another tweet to Kishida.

Senator issues ultimatum to Japan’s prime minister for return of imprisoned Navy officer

www.stripes.com

 

[johnnyG]

Kishida: "If you block the tomahawks, we just ask that you have all US forces out by year end--period. From January 1st, 2024, the Status of Forces agreement will be null and void."


Hopefully, his co-senator (Romney) and McConnell will set him straight on how valuable and important Japan is to the defense of the US.


Also, there's no place in the US that could handle/support 50,000+ troops, along with the all ships and aircraft connected to them.


Imagine the US trying to defend taiwan without its forces/bases in Japan.

 

[Petaris]

I honestly don't see anything coming of this. It screams political stunt.
As mentioned above the guy will be out in a year and it will be done and over. Also, and yes this is cynical, the sale of 400 Tomahawk missiles is going to make some defense contractor some money. Probably more than one of the politicians that Lee is going to be "starting conversations" with will have vested interest in making sure it goes nowhere.

 

[mdchachi]

I honestly don't see anything coming of this. It screams political stunt.
As mentioned above the guy will be out in a year and it will be done and over. Also, and yes this is cynical, the sale of 400 Tomahawk missiles is going to make some defense contractor some money. Probably more than one of the politicians that Lee is going to be "starting conversations" with will have vested interest in making sure it goes nowhere.

Yes. He has to maintain his brand and keep the brainless voting bloc on his side. God forbid he try to do anything actually helpful.

 

[Majestic]

Brain-dead politician grandstanding on a story that has absolutely no consequence anywhere. He has no political clout, and sits on no defense or foreign relations committees. He barely won in an election where his opponent was an independent. He is a nowhere man, trying to be "somewhere" by generate fake outrage, and positioning himself as the "pro military" candidate in the next election. Of course he never served in the actual military.

 

[thomas]

Ridge Alkonis, jailed in Japan over a car crash in 2021 that killed two people, was released and is on his way to the United States. He served 507 days in a Japanese jail.

It was unclear how much additional time Alkonis might be required to spend behind bars in the U.S. under the terms of his transfer from Japan, which was done through a Justice Department program that permits the relocation of prisoners convicted in another country back to their home nation. The program stipulates that the sentence cannot be longer than the one imposed by the foreign government. The U.S. Parole Commission determines the release date in the cases of returning Americans.

The case is not high-profile in Japan and has had virtually no impact on relations between the two allies. Still, the issue was raised by Biden during a meeting with Japanese Prime Minister Fumio Kishida, as well as in other talks involving senior officials of the two countries. Japanese and U.S. officials were negotiating behind the scenes on whether to go ahead with the release under the terms of an international treaty on the transfer of prisoners, sources with knowledge of the matter said earlier this year. The two countries were leaning toward the transfer as the officer, who belonged to the U.S. Yokosuka naval base, south of Tokyo, had shown remorse and reached an out-of-court settlement with the bereaved families of the victims, according to the sources. Under the international treaty, in principle, the home or receiving country is responsible for administering the transferred sentence.

U.S. officer jailed in Japan over fatal car crash to return home

A U.S. Navy officer jailed in Japan over a car crash in 2021 that killed two people was released and is on his way to the United States following an active campaign, his family said Thursday.

english.kyodonews.net

https://edition.cnn.com/2023/12/14/politics/navy-officer-imprisoned-japan-alkonis-us-return/index.html

 

[Hiroyuki Nagashima]

A US Navy officer serving time for a traffic accident in Japan is released after being transferred to his home country.

日本で交通事故起こし服役の米海軍将校を釈放、本国に移送後（CNN.co.jp） - Yahoo!ニュース

（ＣＮＮ）　日本で３人を死傷させる交通事故を起こして禁錮刑が下され、服役中に米国へ移送されていた米海軍将校の釈放が認められ、刑務所を出たことが１３日までにわかった。将校の家族がＣＮＮに明らかにした。

news.yahoo.co.jp

Many Japanese are disgusted with correspondence of the United States.
In addition, the Japanese media lose trust more and more because the Japanese media do not report this

 

[mdchachi]

A US Navy officer serving time for a traffic accident in Japan is released after being transferred to his home country.

日本で交通事故起こし服役の米海軍将校を釈放、本国に移送後（CNN.co.jp） - Yahoo!ニュース

（ＣＮＮ）　日本で３人を死傷させる交通事故を起こして禁錮刑が下され、服役中に米国へ移送されていた米海軍将校の釈放が認められ、刑務所を出たことが１３日までにわかった。将校の家族がＣＮＮに明らかにした。

news.yahoo.co.jp

Many Japanese are disgusted with correspondence of the United States.
In addition, the Japanese media lose trust more and more because the Japanese media do not report this

Would a Japanese person serve prison time for this kind of accident? It seems like they are always sentenced but receive suspended sentences.

 

[thomas]

Would a Japanese person serve prison time for this kind of accident? It seems like they are always sentenced but receive suspended sentences.

Absolutely! Two people lost their lives due to sheer negligence ("involuntary manslaughter").
[srcsm]Suspended sentences only apply to corrupt politicians and sexual offenders.[/srcsm]

It's also worth reading the NYT and FoxNews on Alkonis' release. I expected worse from the FoxNews commenters...

U.S. Releases Navy Officer Imprisoned After Causing Fatal Crash in Japan (Published 2024)

Lt. Ridge Alkonis, who was sentenced to three years in prison in Japan after a traffic accident in 2021, was moved to a U.S. prison last month.

www.nytimes.com

Navy officer imprisoned in Japan over deadly car crash freed from US custody, family says

A Navy officer jailed for killing two Japanese citizens in a car crash was freed from U.S. custody in Los Angeles on Friday, his family said.

www.foxnews.com

And that Utah nitwit wants Japan to apologise.

​

 

[Hiroyuki Nagashima]

Would a Japanese person serve prison time for this kind of accident? It seems like they are always sentenced but receive suspended sentences.

Japanese Penal Code

（業務上過失致死傷等）
(Causing Death or Injury through Negligence in the Pursuit of Social Activities)
第二百十一条業務上必要な注意を怠り、よって人を死傷させた者は、五年以下の懲役若しくは禁錮又は百万円以下の罰金に処する。重大な過失により人を死傷させた者も、同様とする。
Article 211(1)A person who fails to exercise due care required in the pursuit of social activities and thereby causes the death or injury of another shall be punished by imprisonment with or without work for not more than 5 years or a fine of not more than 1,000,000 yen.The same shall apply to a person who through gross negligence, causes the death or injury of another.
２自動車の運転上必要な注意を怠り、よって人を死傷させた者は、七年以下の懲役若しくは禁錮又は百万円以下の罰金に処する。ただし、その傷害が軽いときは、情状により、その刑を免除することができる。
(2)A person who fails to exercise due care required in driving a vehicle and thereby causes the death or injury of another shall be punished by imprisonment with or without work for not more than 7 years or a fine of not more than 1,000,000 yen; provided, however, that the person may be exculpated in the light of circumstances if the injury is minor.

Penal Code - Japanese/English - Japanese Law Translation

www.japaneselawtranslation.go.jp

(summary of the accident)
At 29th around 1:00 p.m.,
A car plunged into the restaurant parking lot of Yamamiya, Fujinomiya-shi, Shizuoka and let two men and women die and inflicted an injury on the wife of the man.

The Arco varnish prisoner side went to Mount Fuji with a family and insisted when I suffered from on the way back acute mountain sickness by car and lost consciousness while driving, but this suit was avoided at the first trial, and the appeal was dismissed.

It is the restaurant of the foot of Mount Fuji, and the scene of the accident is not a highland.
It is a falsehood obviously , If it is true, is the U.S. soldier weak constitution?
Is U.S. Navy to be all right?

 

[dracuella]

It is the restaurant of the foot of Mount Fuji, and the scene of the accident is not a highland.

I don't buy the altitude sickness rubbish at all; I think he fell asleep but didn't want to admit it. It sounds to me as if he, once he became aware of the severity of the law in cases like these, attempted to make it appear as if the accident happened due to circumstances out of his control.
While I don't condone and think people should accept responsiblity of their actions, it is understandable that he would try to cut a deal. What absolute blows my mind, though, is that he, once he returned to the US, was released completely free to do as he pleased after spending less than a month in prison there - making his total served time less than half the original punishment. My sense of justice is really taking a beating right now.

 

[thomas]

Yes, the defence claims of acute mountain sickness were more than dubious and therefore rejected by the judge. Alkonis' release, however, was compliant with US law, apparently because his prison term in Japan exceeded the maximum sentence he'd have received in the US for involuntary manslaughter.

What I find despicable is that some try to depict him - who's killed two people - as a victim.