SP court denies new arrest request against owner of Porsche who killed driver via app

The decision is taken by the 1st Court of the Capital; Instead of preventive detention, the judge imposed a series of precautionary measures and the payment of bail

The Court of Sao Paulo denied the second preventive detention against Fernando Sastre de Andrade Filho, 25 years old and owner of the Porsche, involved in an accident that caused the death of the driver Ornaldo da Silva Viana, 52 years old. The decision is from the first court of the capital, this Monday 8th.

The suspect, a real estate businessman, is believed to be responsible for the collision between a Porsche 911 Carrera GTS car, worth R$1 million, and the Renault Sandero model, driven by Orlando in the early hours of March 31 . Viana did not survive her injuries and died.

The decision was signed by judge Roberto Zanichelli Cintra, who argued that there is no evidence that the suspect could flee, threaten or bribe witnesses, as justified by the Civil Police for the second arrest request against Fernando. The information belongs to the issuer CNN.

The magistrate also highlighted that the suspect spontaneously showed up at the police station to testify his version of the incident, which occurred in the early hours of March 31. He also took into account the fact that Fernando has no criminal record and has a fixed residence.

“It should be noted that pre-trial detention does not lend itself to the anticipation of the sentence. Its nature is exceptional and should only be applied to protect the integrity of the criminal investigation, which, again, the claim that it is on the verge of being tainted does not yet require an evidentiary basis to support it,” says part of the decision.

Despite denying pre-trial detention, Cintra decreed a series of precautionary measures against the suspect. He underlines that escaping from the scene of the crime with the help of his mother hindered the measurement of the amount of alcohol consumed on the night of the accident.

Among the measures imposed, the arbitration payment of 500 thousand reals ‘as security’ stands out, which according to the judge guarantees “possible compensation for damages to the surviving victim and the family of the fatal victim”.

See the precautionary measures imposed on the suspect:

• Ban on leaving the country;
• Notify the Court if you leave the city of Sao Paulo for more than eight days;
• Don’t go back to the poker house;
• Do not approach or speak to the friend involved in the accident, the victim’s family or witnesses;
• Delivery of the cell phone used on the night of the crime to the police;
• Driving license suspension;
• Payment of R$500,000 as security.

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Second arrest request rejected

The first request for preventive detention against Fernando Sastre de Andrade Filho was rejected by the Court of Justice of São Paulo on 2 April. The young man was driving a Porsche which crashed into the victim’s car and will be accused of voluntary manslaughter, bodily harm and fleeing after the collision.

The request for the arrest of the driver took place on Monday 1st, after he appeared and made statements at the 30th police district of Tatuapé, in the capital of Sao Paulo. “The Police Authority represents the decree of his temporary arrest and awaits the appreciation of the Judiciary”, stated the SSP at the Earth.

However, according to the businessman’s defense, represented by Carine Acardo Garcia and Merhy Daychoum, the request was rejected by the courts. “The precautionary measure was rejected by the court on duty, due to failure to comply with the requirements authorizing such arrest”, he specified in a note.

Also according to the statement, Andrade Filho did not flee from the scene, “since they were already providing help to the other victims” and the military police had already qualified him for the accident and released him to consult a doctor.

“However, due to a well-founded fear of being lynched, since at that moment he began to suffer a “virtual lynching”, as well as the shock caused by the accident and the news of the death of the driver of the other vehicle, his protection was necessary,” reads the note.

Furthermore, the lawyers say that it is “premature” to judge the causes of the accident, since the assessments carried out have not yet been completed, and they are treating the case as a “fatality”.

“Finally, we inform you that we are contacting the family of the deceased, Mr. Ornaldo, to provide them with our solidarity, as well as the necessary assistance. Obviously the loss will not be repaired, but at least we will provide the necessary support in this moment of such fatality,” he concludes.

The court denies the arrest of the Porsche driver who hit Sandero and caused the death of a man in SP:

The accident

The collision occurred around 2am on Sunday, on Avenida Salim Farah Maluf, in the capital of Sao Paulo. Witnesses informed the Civil Police that the 25-year-old businessman, driving the Porsche, was traveling at high speed along the road with a limit of 50 km/h and, while overtaking, lost control of the vehicle.

He would have crashed into the back of a Sandero, driven by the driver of the app. The driver was taken to Tatuapé hospital with cardiopulmonary arrest. He died of “multiple trauma”.

The 22-year-old passenger of the Porsche was also injured and taken to São Luiz hospital.

Source: Terra

Rose

Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.