Retired Clóvis Marcondes de Souza, aged 70, died after being shot by Military Police Sergeant Roberto Marcio de Oliveira, on May 7, in the East Zone of the city of São Paulo.
The police officer was investigated and indicted for manslaughter under the Military Court and is serving preventive detention at the Romão Gomes Military Prison.
A CNN had access to the body cameras used by the police officers who responded to the incident in which it is possible to identify the moment of the fatal shot, which was made from inside the Military Police vehicle. Experts point out procedural errors.
Military Police reserve colonel and lawyer Frederico Afonso highlights that there was an error during the approach. “Based on the analysis of the images, there is an error regarding the protocol for approaching the motorcycle, the two-wheeled vehicle, as we also call it. There is an error, yes, in the way it was approached”, he explains.
Lawyer Gabriela Silvestre, who works in defense of the elderly man's family, also highlights that there was a procedural failure by the Military Police during the incident.
“The police approach did not respect the minimum security procedures recommended by the military police themselves, demonstrating a serious indication of possible intent”, he highlighted.
Approach to suspects and more procedural errors
Other images from devices belonging to the other police officers who responded to the incident show the beginning of a pursuit of two men on a motorcycle on Rua Platina, in the Tatuapé neighborhood. When the vehicle approaches the suspects, a police officer fires a shot that hits the victim, who had no connection with the incident.
Afterwards, the suspects are searched and placed in a sitting position next to a car parked on the street. Moments later, the police realize that the shot hit the elderly man and call for help. Fire Department agents tried for several minutes to resuscitate the victim, but were unsuccessful.
Gabriela Silvestre also reports that the police officers involved in the case made a mistake in the registration, since the incident should have been forwarded for investigation by the Civil Police and not just within the scope of the Military Justice.
“At this moment, the family is fighting for the investigation into Mr. Clovis’ death to be carried out in accordance with the law and impartially by the responsible bodies, highlighting the prompt action of the DHPP [Departamento de Homicídios e Proteção à Pessoa] after registering the incident with the Civil Police”, says the lawyer.
Silvestre ends by saying that he will ask the State Government to be held responsible for the incident. “After the conclusion of the investigations, the family will act not only in the criminal process, but will also seek to hold the Government of the state of São Paulo responsible for what happened, since the role of the state is to guarantee the safety of citizens and not to try at all costs to exempt its agents from responsibility for a crime committed.”
The reserve colonel of the Military Police argues that the police officer should be held liable for manslaughter – when there is no intention to kill. “Regarding the aspect of Criminal Law, I join the movement of culpable homicide here. This issue of intentional homicide, even due to possible intent, does not convince me”, he concludes.
What the SSP says
The Military Police clarifies that all circumstances related to the facts, including the operation of body cameras, are still being investigated by the corporation through a Military Police Inquiry (IPM). The police officer remains detained at the Romão Gomes Military Prison. A police investigation is also underway by the Department of Homicide and Personal Protection (DHPP), with monitoring by the Public Ministry.
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
