The Petah Tikva Traffic Court on Tuesday convicted Carol Fassler, 81, of hit-and-run after causing injury, over a fatal car accident that occurred two and a half years ago in Netanya and resulted in the death of four-year-old Raphael Adana.
According to the indictment, Fassler was driving on Ben-Gurion Boulevard in Netanya when she struck Tamir Tzagai and his two grandsons, Matan and Raphael Adana, before continuing to drive without stopping. Raphael sustained critical injuries and later died in the hospital.
Police located Fassler’s vehicle the day after the accident. During questioning, she claimed she hadn’t noticed hitting a person and believed a motorcycle had hit her car.
Fassler admitted to the charge during trial, but during sentencing arguments, her attorney argued that she lacked the required mental element, believing it had been a self-inflicted accident. The judge initially accepted the claim, annulled the conviction, and ordered a retrial.
In her testimony, Fassler said she had felt well on the day of the incident and that her vision was intact. She stated that while returning from a visit with a friend, she felt a “bump” and saw her left side mirror break. Believing a motorcycle had struck her vehicle, she continued driving.
At the conclusion of the retrial, the court convicted Fassler of leaving the scene after causing injury.