A The São Paulo court ordered the preventive arrest of businessman Fernando Sastre de Andrade Filho, aged 24, responsible for the death of app driver Ornaldo da Silva Viana, aged 52, on March 31.
On the night of the crime, the businessman had had dinner at a restaurant where he had a few drinks before going to a poker house that operated as an “Open Bar”. Upon leaving the scene, he drove a Porsche vehicle at high speed and hit a Renault Sandero on Avenida Salim Farah Maluf, East Zone of São Paulo.
After the accident, the businessman, with the help of his mother, Daniela Cristina de Medeiro Andrade, left the scene without taking a breathalyzer test. Cameras used by Military Police teams captured the moment when the woman says she is going to take her son to the hospital, claiming that “every minute counts (va)”.
Hours after the accident, the police went to the hospital informed by Fernando's mother and discovered that he had not been admitted. In testimony, Daniela claimed that she became drowsy and preferred to stay at home so as not to cause another accident.
Video: police cameras at the time of the approach
The decision, this Friday (3), which decrees the businessman's arrest is signed by judge João Augusto Garcia, from the 5th Chamber of Criminal Law.
In the document, the judge cited the possibility that Fernando had failed to comply with precautionary measures and possibly influenced his girlfriend to lie in her statement.
“The fact that there was a change in the version of the person who witnessed the events, and this after contact with the interested party, while released, highlights the need for precautionary custody also from the perspective of normal criminal investigation”, says an excerpt from the document.
Video: see the moment of the accident
The judge also described the dynamics of the accident, stating that Fernando was driving at a speed three times the speed limit. An expert opinion had already found that the car was traveling at 156.4 km/h shortly before the collision. The maximum speed on the road is 50 km/h.
“If at a regular speed (prima facie, without being able to delve deeply into the issue of evidence and merit, observing for the moment the present evidence, thus without any prejudgment), but without ingesting alcoholic substances, the accused, in fact, having avoided the fatal accident”, says another excerpt from the document.
Alcoholic drinks and vomit at the scene of the accident
The document that decrees Fernando's arrest also mentions the argument he had with his girlfriend when leaving the poker house. In testimony, Marcus Vinicius, who is a friend of the businessman and accompanied him on the night of the crime, reported that Fernando's girlfriend did not want him to drive, as he “was upset”.
The judge describes that, during the statements given to the Civil Police, the firefighters who responded to the incident testified that Fernando and Marcus were apparently drunk. Other witnesses said that “there was vomit near Fernando and that he could not even stand up,” according to the document.
The request for preventive detention is another step in the case process. On three other occasions, the Court had denied arrest requests made by the Civil Police and the Public Ministry of São Paulo.
This Friday's order also revoked all precautionary measures other than the arrest, maintaining only the arbitrated and already collected bail, “which could serve to compensate for the damage”.
Other side
A CNN He sought out lawyer Elizeu Soares de Camargo, who is defending Fernando in the case. See note below:
Fernando Sastre de Andrade Filho's defense calmly received the Court of Justice's preliminary decision, which ordered preventive detention and will comply with it. Without prejudice, he will appeal this decision as he understands that the 8 precautionary measures previously imposed were more than sufficient, with preventive detention being disproportionate.
Jonas Marzagão, Elizeu Soares de Camargo Neto and João Victor Maciel Gonçalves, lawyers
Source: CNN Brasil
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