The Rio Court decided that the three men accused of the death of Moïse Kabagambe will be taken to a popular jury. Are they: Fábio Pirineus da Silva, Aleson Cristiano de Oliveira Fonseca and Brendon Alexander Luz da Silva will answer for triple-qualified intentional homicide (futile motive, cruel means and impossibility of defending the victim) according to the decision judge Alessandra da Rocha Lima Roidis, from the 1st Criminal Court of Rio. There is still no date set for the trial and they had preventive detention maintained.
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The decision
– The issue is suitable for popular judgment, since, given the probability that the accused are the authors of the facts in question, the jurors must decide the merits of the case. In view of the above, I consider the state’s punitive claim to be admissible and pronounce Fabio Pirineus da Silva, Aleson Cristiano de Oliveira Fonseca and Brendon Alxander Luz da Silva as incurring the penalties of article 121, §2º, II, III and IV, of the Penal Code, the in order for them to be brought to trial before the Jury Court – informs the judge’s decision.
Which concludes:
– I maintain the preventive detention of the accused, as the reasons for the arrest remain unchanged, in addition to the need to protect the physical and psychological integrity of the witnesses, who will still be able to give statements in the plenary session – says the judge when finalizing the decision.
Remember the case
Moïse Kabagambe was born in Congo, Africa, he was 24 years old. He worked at a kiosk near Posto 8, in Barra da Tijuca. He was beaten to death, on January 24, 2022, for going to the place to collect amounts receivable for daily hours worked. The barbaric crime was all recorded by a security camera. The images that served as complete evidence for the crime investigation showed how much Moise suffered from the series of attacks committed by Fábio Pirineus da Silva, Belo, who, according to the police, confessed to beating the Congolese. Aleson Cristiano de Oliveira Fonseca, known as Dezenove, also admitted to having participated in the attacks. And Brendon Alexander Luz da Silva, Tota, would have pinned Moïse to the ground so that the others could attack him.
In 2023, at the first pre-trial and trial hearing, at the capital’s 1st Criminal Court, at the Rio de Janeiro Court of Justice (TJRJ), witnesses came forward to give testimony about the death of the young Congolese man.
The report issued by the Medical-Legal Institute (IML) at the time of the crime indicated that the cause of death was trauma to the chest, with pulmonary contusion, caused by blunt action.
