Justice denies request for preventive detention of the driver who ran over and killed the cyclist in SP | Saint Paul

Due to the electoral law, no person can be detained five days before and two days after the elections, which are held this Sunday (15). Detention is only allowed in flagrant cases.

According to the Court, the Public Ministry itself manifested itself by rejecting the request for the preventive detention decree.

“For the preventive detention of a defendant of a crime, it is necessary that he face a malicious crime with a maximum penalty of more than 4 years, recidivist, or even in cases of domestic and family violence, to guarantee the execution of the measures, however , none of these requirements is met. The person under investigation is responsible for the responsible crime established in the traffic legislation and is primary “, argues Judge Tatiana Saes Valverde Ormeleze, from the Barra Funda Penal Forum. .

The Civil Police investigates whether José Maria da Costa Júnior consumed alcohol and drove faster than the speed limit at the time of the accident.

The businessman fled with his Hyundai Tucson after the accident on Avenida Paulo VI, in the Sumaré region. He did not provide assistance to the victim, who died on the spot. A motorcyclist, however, noticed José María’s license plate and alerted the authorities.

With the repercussion of the case on social media, press coverage and being wanted by the police, the driver showed up two days later with his lawyer at the police station investigating the case. He was silent during the questioning. At the moment it was no longer possible to test him for alcoholic strength. Despite this, he was prosecuted by the police.

That same day, police found Tucson in the parking lot next to the building where he lived, in the center of the capital. The windshield was broken by the impact of the crash on the cyclist. The investigation also called for the preventive detention of José María, but as the court has not yet decided, he responds to the crime in freedom. The businessman, who also did not speak to the press, was described as a “murderer” by the cycle activists when he left the 14th Police District (DP), in Pinheiros.

Wanted this Thursday (12) by G1, the driver’s defense denied that he was drinking or running at the time he struck Marina.

“One of the things he assured me is that he did not have a drink,” the attorney said. Jose Miguel da Silva Junior. “He also said he wasn’t speeding.”

Still, according to the lawyer, the driver could not see the cyclist. And she said that the businessman did not stop to help her because she panicked.

According to article 302 of the Brazilian traffic code (CTB), Wrongful death at the wheel provides a penalty of two to four years in semi-open detention and suspension or driving ban. This penalty can be increased by 1/3 if the driver does not provide assistance to the victim.

The same article of the traffic offenses law establishes that if the driver drives the vehicle under the influence of alcohol the penalty increases: it can be from five to eight years in prison in a closed regime.

And not respecting the speed limit, running over and killing a person, is still an issue discussed in court, but it can be an eventual fraud if it is understood that the driver’s conduct was reckless, assuming the possibility of causing an accident.

According to the investigation, Marina was run over in the last lane to the right of the Avenida Paulo VI lane. He was not wearing a helmet, which is a safety feature, but not mandatory. He was also not on the bike path because it was a dark place with a risk of theft, according to witnesses. Even so, the cyclist was traveling on a road that is also allowed for bicycles and in a lighted place where drivers could see her, police say. The speed limit for vehicles on this section is 50 km / h.

For the police, although José María’s defense denies that the driver has drunk while driving, there is a suspicion that he has consumed alcohol, which is prohibited by law.

That is because on Wednesday (11), the manager of a parking lot confirmed to the investigation what he had previously told the press: that he saw the businessman with apparent signs of intoxication. Also, Ivan Ribeiro said he had a bottle of wine inside the driver’s Tucson.

Security cameras recorded the businessman arriving with two other people, a man and a woman, at the parking lot where he left the vehicle the same day after the accident. The place is about 5 kilometers from where he ran over Marina.

The establishment is in the center of the city, next to the building where he lived.

Other images show José María talking to a woman and smiling inside a building’s elevator.

As the businessman did not respond to any of the 11 questions posed by the police, the investigation tries to identify, among other things, who are the two people who appear accompanying the driver.

The policemen want to know, for example, if they confirm that they were with José María at the time of Marina’s coup. What if the driver drank something alcoholic before driving or was speeding?

Depending on what they say, the crime to which the driver responds can be reclassified to homicide for possible fraud, which is one in which the risk of death is assumed.

The experience of Technical Scientific Police found traces of hair and fingerprints in Tucson and is going to put the material through tests to try to identify who they are from its human database.

Since no other cameras recorded the moment of impact, experts will also analyze the braking mark of the tires on the track where Tucson hit Marina to try to find out or determine the approximate speed at which the car was.

Marina was an activist of the cycle and researcher of urban mobility. She was buried last Monday in Niterói. The victim’s family commented that she was “totally devastated” and thanked the cyclists who honored Marina and protested for justice and punishment for the driver who ran over her and killed her.