News24

Road rage killer guilty of manslaughter

2012-02-10 10:04

Johannesburg - An elderly Johannesburg diamond cutter who shot dead a man in a 2009 road rage attack has been found guilty of manslaughter, according to a report on Friday.

Magistrate George Andrews convicted Roy Wilson, 67, in the Randburg Magistrate's Court, Johannesburg on Thursday, Beeld newspaper reported.

Wilson shot dead Migel Balanco, 36, during an altercation in Linden, north of Johannesburg, after Balanco punched him in the face.

Balanco scratched Wilson's car and bumped his rear-view mirror while overtaking him on the night of March 22, 2009.

Wilson pursued Balanco, and the two became involved in a scuffle. Wilson, in self-defence, pulled out his firearm, intended aiming for Balanco's legs, and fired.

The court heard Wilson did not intend to kill Balanco. He however admitted having crossed the boundaries of self-defence and apologised to Balanco's family.

"There is no evidence that the accused intended to deliberately kill the deceased. The accused overreacted. He could have fired a warning shot, or warned the deceased that he had a weapon," said Andrews.

Sentencing was expected to take place in March.

Comments
  • vaughn.l.jacobs - 2012-02-10 10:20

    ....uuuuuhmmmmmm; how the hell do you "bump the rear-view mirror while overtaking " ??!! Like to try that....

      Wayne - 2012-02-10 10:26

      It's called a side mirror, wing mirror, and some call it a rear view mirror,, you chop.

      J-Man - 2012-02-10 10:42

      ...and this is how a fight starts from nothing...

      Schmee - 2012-02-10 11:05

      Wayne it’s very immature to call someone a chop. Anyway the rear-view mirror is always mounted inside the car usually on the windscreen but sometimes on the dashboard.

      Martin - 2012-02-10 11:38

      Wayne you the chop.Rear view mirror is inside the car

      Garth - 2012-02-10 15:36

      Actually Wayne is probably the only one above that has it correct. A wing mirror or side mirror is positioned so as to have a view, to the rear, of a vehicle, hence, rear-view-mirror.

      ncolesky - 2012-02-10 16:05

      Actually, if you look into any mirror, you see behind you and therefor, it is a rear-view mirror.

  • MandrewZA - 2012-02-10 10:21

    This is exactly why we report stuff on www.drivelikeachop.co.za. When someone does something wrong on the roads, you cannot risk trying to tell them right there. It could cost you your life!

      MandrewZA - 2012-02-10 11:29

      Hey Rabbit. My pleasure. See you there!

      Justme - 2012-02-10 12:34

      What is the point of www.drivelikeachop.co.za? Do you think the drivers of the vehicles you are complaining about will actually be reading the comments and repent?

      MandrewZA - 2012-02-10 13:13

      @Justme. The point is simple. It gives me the chance to vent, without the risk of being a victim of road rage....And who knows, maybe their spouse/partner, or someone else important sees their reg on the site and embarrasses them. If nothing else, I feel better.... Well that's what I use it for.

      Passop - 2012-02-10 14:40

      What about you drivelikeachop users taking pics of others WHILE driving. A bit silly reporting others for breaking the law when you are doing it yourselves. I reckon that all users that post pictures of others (taken by themselves while driving of course,) should have their own pics uploaded for DRIVING LIKE A CHOP....

      Jannie - 2012-02-10 16:29

      some of the rants are warranted, but some of them are really fickle, why do you care of a biker doenst have plates? its not causing danger to anybody?

  • Dirk - 2012-02-10 10:24

    How on earth do you bump a car's rear-view mirror!

  • Trevor - 2012-02-10 10:25

    The last I looked, you may NOT fire a warning shot as it is deemed to be to dangerous...when did this change? I don't understand how a 36yr can punch a 67yr old man in the face and they don't see this as dangerous...this to me shows that the legal system in SA is cocked up...same goes for people breaking into your house while you sleeping, shoot them and you better put a knife in their hands,just remember to stab yourself at least once else, you going to jail.

      Silver - 2012-02-10 10:41

      Knife in their hand is enough. Just make sure he/they don't ever get up again.

      Yar - 2012-02-10 21:12

      @Trevor & Piet It actually sounds like self-defense to me. Balanco deserves to be shot. He bumped Wilson and then attacked the old man. What was the old man expected to do.

  • Achmad - 2012-02-10 10:32

    Tragic - one man dead and another will end up in jail. No one wins. Lets hope that the judge allows the victim's family to receive some compensation.

      Passop - 2012-02-10 14:43

      Compensation for driving like a maniac and then punching a 67 year old? Lol Thanks for the laugh...

      Angus - 2012-02-10 15:57

      Cheesh Achmad You start off with a fair comment then your brain freezes and you make a super-dumb statement about the victim(who was the initial aggressor and also an assaulter with intention to do grievous bodily harm)

  • jaz82 - 2012-02-10 10:56

    Guess diamonds arent a guy's best friend

  • jaz82 - 2012-02-10 11:26

    In cars, the rear-view mirror is usually affixed to the top of the windscreen on a double-swivel mount allowing it to be adjusted to suit the height and viewing angle of any driver and to swing harmlessly out of the way if impacted by a vehicle occupant in a collision. In the past, some cars had the rear-view mirror mounted on top of the dashboard. -Wikipedia That dude must have had intense roadrage training

      Garth - 2012-02-10 15:37

      A wing mirror or side mirror is positioned so as to have a view, to the rear, of a vehicle, hence, rear-view-mirror.

      henk63 - 2012-02-10 15:50

      Any mirror on a vehicle that enables the driver to see behind him is called a "rear view mirror". Search "wing mirror" as well and you will see.

  • Rudolph - 2012-02-10 12:36

    Tragic story really. Clearly no winners here. Both men failed. At 67 his last years on earth will be filled with remorse and regret. Probably already dead inside himself. Hell, but don't I often feel like punching some retard in the face. Clearly not a good idea.

  • Michael Kleber - 2012-02-10 13:14

    My sentiments exactly Rudolph what would have happened if he took down Migal licence plate and laid a charge , sometimes in the heat of the moment we dont think clearly , road rage is so easy to get into but u have 2 choices drive away and tomorrow u are over it or confront the person and who knows where it will end ?

  • Blanka - 2012-02-10 13:30

    @Mattewis I being a 41 yr old woman had an incident where an old man who must easily be in his late sixties early seventies chase me in my car and banged on my window when I stopped and tried to damage my side mirror to. Age is not a reason to respect someone who behaves like an idiot!!! If he wants to challenge someone younger than him then then he needs to accept the consequences.

      Brenda - 2012-02-24 14:55

      How did he know the man was younger than him (he only found this out when they confronted each other) . . . Balanco was driving recklessly to start off with. He then did not stop at the scene of the accident like any other normal human being would and is supposed to do and then when Wilson caught up to him he assaulted him. If he had not died Balanco would be the one in Court on thew following charges - 1. Reckless driving; 2. Not stopping at the secene of the accident and 3). Assault on a 67 year old man. Who is the victim here ??. . if Balanco had stopped (even if he had not stopped initially) stepped out of his car and in a non-agressive polite way said to Wilson. "I am sorry . this is my fault .. give me your phone number and lets make an arrangement for me to have your car fixed." NO-ONE would have been hurt or killed. Balanco's reaction was all wrong right from the beginning . . .

  • Craig - 2012-02-10 13:45

    @N24. There is no such thing as "manslaughter" in South African law. Where does this report come from? Not perhaps "culpable homocide"?

  • Olivia - 2012-02-10 15:44

    I second that Craig, being a graduate law student, there is NO 'manslaughter' in SA Law, wtf??!!...who wrote this article.... bumping a rear view mirror?? WTH??!! again I ask, who wrote this article???

  • Robin - 2012-02-10 15:52

    This article is from "BEELD", an afrikaans paper and some chop couldn't translate it properly...

  • Giselle - 2012-02-10 16:35

    This could have ended differently for the both of them, it really didn't have to end this way.. no fight is worth you losing your life. Reminds you to think twice before you act in such situations, but then again when you're angry, you tend to do/say things without at the spur of the moment.. still makes you think though.. it all could have ended much differently had the reactions/actions been different.. sad..

  • Johan - 2012-02-10 18:57

    There is no offence such as manslaughter in South Africa. He must have been found guilty of culpable homicide.

  • barry.dogg.fritz - 2012-02-10 20:25

    bullsh1t, i would do the same if a guy attacks me i will shoot at him in self defence,balanco was probably an arrogant git and didnt want to admit to the damage caused to the vehicle

      Nicholas Jose Balanco Gomes - 2013-06-05 05:28

      You gonna kill me if i punch you in the face ? You think its easy to take a life ? Something seriously wrong with you to act like its ok to kill a human being !!! How would you feel if that happened to someone you loved ????

  • Nicholas Jose Balanco Gomes - 2013-06-05 05:21

    Migel Balanco was my uncle , i dont hate Mr Wilson , i dont agree with how the situation was dealt , i find it hard to believe that my uncle would punch a 67 year old man in the face , my uncle wasnt a perfect person , he had his flaws like all of us do , but one thing he taught me was to have respect for my elders , the fact that ppl can talk so ill on the matter makes me sick , when is taking a life acceptable ? Yes i get it was an heated situation but killing a man at point blank with a gun that had hollow rounds is another story all together , why did mr wilson have hollow point in his gun ? The media can twist this story ever which way they want , my uncle was a good loving man , a normal person like any of us with a daughter and family , im sorry it came to this , id give anything to have my uncle back , but whats done is done and ive forgiven mr wilson along time ago , ppl in south africa are to angry and seem to forget the value of a human life , wrong or right that situation did not need to go down that path , hopefully this is a lesson to all that gun violence and road rage is not tolerated in our society , no matter how angry we get the best we can do is take it on the chin and get on with life , but that does not mean taking another soul over a stupid scratch on a mirror , where there is an action there is a reaction hopefully the outcome is better then this story , peace be with you all

  • Nicholas Jose Balanco Gomes - 2013-06-05 05:34

    What the media fails to do is fill in the gaps of the story , such as the hollow points and mr wilson urinating on the wall after shooting my uncle instead of attending to him , a neighbour near by came outside and was the only one who stayed with my uncle when the paramedics arrived , so dont judge a story until you know all the info !!!!!! Naive to believe what the media feeds you , wake up ppl !!!

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