Justice of SP maintains decision, and driver who ran over cyclist in 2020 will go to popular jury

The 11th Chamber of Criminal Law of the Court of Justice of São Paulo (TJ-SP) maintained this Wednesday (14) the decision in the first instance to submit businessman José Maria da Costa Junior to a popular jury.

In November 2020, he ran over and killed cyclist Marina Harkot, in the Pinheiros neighborhood, in the west of São Paulo. Reports at the time indicated that he was drunk and driving at high speed.

The decision took place in a trial session at the headquarters of the TJSP, after the businessman’s defense made two requests to the court. The first was about the analysis of the decision of the first instance to submit it to a popular jury.

If the request was not accepted, the representatives then asked for the evaluation of the reclassification of the crime of homicide by eventual intent to manslaughter, when there is no intention to kill.

Both requests, however, were unsuccessful, and José Maria will go to the popular jury for homicide by eventual intent, when one assumes the risk of killing. The trial date is yet to be set.

Currently, the businessman awaits the decision of justice in freedom. This Wednesday morning, Marina’s relatives protested in front of the São Paulo Court of Justice and asked that the defense appeals for the hit-and-run driver not be accepted.

remember the case

The crime took place in November 2020, in Pinheiros, in the west of São Paulo. Marina, 28 years old at the time, was returning home on her bicycle when she was hit from behind.

The driver José Maria da Costa was drunk, at high speed and did not stop to provide help. After the incident, the reports indicated that he arrived at his house, stored the car in the garage and then left the property.