The Public Ministry of Rio de Janeiro (MP-RJ) charged three people with the death of Moïse Kabagambe, in a kiosk on the edge of Barra da Tijuca, West Zone. Three men, already in pre-trial detention, must answer for triple qualified homicide: for futile reasons, use of cruel means and the impossibility of defense, which act as aggravating factors. Another three people were framed for failure to provide assistance, the same imputation made to a teenager, as an infraction.
Those accused of murder are Aleson Cristiano de Oliveira Fonseca, known as “Dezenove”; Brando Alexander Luz da Silva, the “Totta” and Fabio Pirineus da Silva, the “Belo”. They are in temporary detention, decreed on February 4 and valid for 30 days. The Public Ministry asked that it be converted into preventive, valid for another 90.
THE CNN had access to the images of the kiosk’s internal monitoring circuit, where the attacks took place on January 24th. They show that Moïse suffered at least 30 blows. The broadcaster decided not to show the images and presented only excerpts of the ambush to the young man. The MP’s complaint points out that the victim “was knocked down and immobilized, having no way to react to the aggressions”, which was the basis for the qualifier of impossibility of defense.
The legal document points out that Moïse was attacked with a baseball bat, punches, kicks and slaps and points out that the accused acted “with a free and conscious will to kill, in communion of designs and actions with each other”. The clumsy motive is characterized by the fact that the aggressions began with a mere argument with an employee of the establishment.
The complaint points out that the three people must answer for the crime of omission of help, which has less offensive potential. The Public Ministry requested a preliminary hearing, in which it makes a proposal for a transaction, such as the payment of a basic food basket for crimes with sentences of up to two years. It is estimated that they could end up converting the total of 18 months in prison into donations, as failure to provide assistance that ends in death has the penalty multiplied.
Still in the accounts of prosecutor Alexandre Murilo Graça, they can face up to 20 years in prison with the aggravating factors. He sees all the elements for the three assailants to be taken to a popular jury. But under Brazilian sentencing rules, offenders can leave prison after just six years.
“As long as killing is cheap in Brazil, we will have a succession of victims across the country. Whether in the favela, at the kiosk, or in the south zone,” he told CNN. Graça also said that she concluded that the criminal conduct of Moïse’s killers was not related to racism. “I don’t see a crime of racism, but I see elements of racism. What generated the crime was the futility of people being upset with him and thinking they could do that”, he said.
In the document, the prosecutor mentions that he has stopped requesting the dismemberment of the process, to determine the continuation of the investigations, because this has already been done by the police authority. According to the Public Ministry, there are at least 12 people involved in the crime: in addition to the three men arrested, the three adults and the teenager for failing to provide assistance, two municipal guards are being investigated, two military police officers are responding to the corporation’s internal affairs department and there is one more man. under study.
The three arrested assailants deny that they had any intention of killing Moïse and accuse him of having tried to get drinks from the kiosk’s freezer without the employees’ consent, and also say that he had aggressive behavior.
Source: CNN Brasil
