[ad_1]
The family of the man shot dead in Viana do Castelo in 2013 appealed the sentence applied to the murderer and asked for an aggravation of his 18 years in prison, lawyer Francisco Morais da Fonte said today.
“We intend that the accused be convicted of crimes of attack against the physical integrity of the victim’s brother, paying the respective compensation, qualified and not simple homicide, and for possession of a prohibited weapon, as charged by the Public Ministry (MP) “, the lawyer told the Lusa agency today.
“We ask for a single penalty of 18 years in prison and not 12 years, as applied by the Viana do Castelo court,” said Francisco Morais da Fonte, who represents the mother and brother of the victim.
According to the lawyer, “the MP also appealed the sentence,” adding that he filed an appeal with the Guimarães Court of Appeal last 07.
Francisco Morais da Fonte said that the appeal is still aimed at “repeating the trial.”
“The objective is to know all the characteristics of the weapon that was used in the homicide, by means of an expert examination of the loofah and lead grains found on the victim’s body, if the Court of Appeal deems it necessary,” he said.
“The weapon was never found. The Viana Court only gave evidence that the shot was fired with a long-barreled weapon and we do not agree with that, ”he said.
Last December, the Viana do Castelo Court sentenced the accused to 12 years in prison.
The man was charged with first-degree murder, but was ultimately found guilty of simple murder, as the murder weapon had not been found.
During the reading of the sentence, the presiding judge of the group said that the accused, who is in preventive detention after seven years on the run, was acquitted of two other crimes of which he is charged, namely the crime against integrity. qualified physical and the other for holding a prohibited weapon.
The magistrate explained that the “documentary and testimonial evidence” produced during the trial, which began in October, was not enough to convict these two crimes.
The group that tried the case also decided to order the man to pay compensation to the mother of the mortal victim for a total amount of 141,000 euros.
On Thursday, a source from the Aníbal Pinto law firm said it appealed the sentence, insisting that the defendant acted in self-defense.
In October, at the beginning of the trial, Aníbal Pinto said that his elector “regrets the death, but that he acted in a clear and legitimate defense” and that “what he did was repel the attacks, defending his physical integrity and his life.” As well as “the wife and the son.”
The court rejected the claim of legitimate defense invoked by the defendant’s lawyer, considering that it was proven that the defendant, “anticipating possible aggressions”, after stabbing one of the brothers, “prepared himself with a firearm” for the arrival . the brother who would die and other family members at his residence.
“He was already armed with a firearm when he went to the mall where the events occurred,” he stressed.
The events date back to January 15, 2013, in Viana do Castelo, and they victimized two brothers.
According to the Public Prosecutor’s Office, “the first was hit by blows with a knife and the second was shot to death with a shotgun when, together with other relatives, they were looking for the accused at his home.
As a result of the events, and even that night, the man today sentenced to 12 years in a chair, “went on the run, absent abroad where relatives had emigrated.”
[ad_2]
