The businessman’s defense Fernando Sastre de Andrade Filho, 24 years old, driver of the Porsche 911 Carrera GTS that crashed into the back of the Renault Sandero and caused the death of Ornaldo da Silva Viana, 52 year old app driver, denied that the client had fled the scene of the accident and stated that he was merely “protecting himself from lynching”.
The accident was recorded in the early hours of Sunday, 31st, but the driver of the luxury car only reported himself to the 30th Police District of Tatuapé, east of the capital, on Monday afternoon, 1st. He surrendered almost 40 hours after the incidenton the same day that Viana was buried in Guarulhos, in Greater São Paulo.
In a note signed by lawyers Carine Acardo Garcia and Merhy Daychoum, the defense considers what happened as a fatality, but claims that it is still premature to judge what caused the crash. “At this point, it is premature for us to judge the causes of the accident, as the expert reports carried out have not yet been completed,” he said in a statement.
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“It is important to highlight that Fernando did not flee the scene of the accident, as help was already being provided to the other victims. Fernando, already duly qualified by the military traffic police, was released by the Military Police to be taken to the hospital. However, due to a well-founded fear of suffering lynching, since at that moment he began to suffer ‘virtual lynching’, as well as due to the shock caused by the accident and the news of the death of the driver of the other vehicle, his protection was necessary”, alleges the defense.
In the incident report, police officers who responded to the case state that Andrade Filho’s mother arrived at the scene and said she would take her son to Hospital São Luiz, located in Ibirapuera, south of the city, to treat a wound in the mouth. When agents went to the hospital to do a breathalyzer test and get their version of the accident, they didn’t find either of them..
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Although the case was initially registered as culpable homicide (without intent to kill), delegate Nelson Vinícius Alves, from the 30th DP, decided to indict Andrade Filho as the author of homicide with possible intent, which is characterized when a person takes the risk of killing. High speed is the aspect used by the delegate to characterize possible intent. The businessman was charged with bodily harm and escape. The Civil Police also requested the temporary arrest.
- The legislation provides that suspects can be arrested in the act up to 24 hours after the incident, if the police view the measure as necessary and justified. In these cases, the prisoner must be presented to the Judiciary for a custody hearing, where the need to maintain the prison is assessed.
- After the arrest period has expired, arrest can only occur due to a warrant issued by the Court.
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According to the lawyers, by surrendering spontaneously, the client was able to give a statement, presenting his version of the facts. “Although his temporary arrest was requested, the precautionary measure was denied by the court on duty, due to failure to meet the requirements authorizing such arrest,” the defense added. When contacted, the Court of Justice of the State of São Paulo (TJ-SP) has not yet ruled on the decision.
All the circumstances of the accident will be duly investigated during the investigation, with the broadest collaboration of the businessman, according to the defense.
“Finally, we inform you that we are contacting the family of the deceased, Mr. Ornaldo, in order to provide our solidarity, as well as necessary assistance. Obviously, the loss will not be repaired, but we will at least provide the necessary support at this time of such a fatality”, concluded the note.
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According to a report made by witnesses to the Civil Police, the luxury car businessman was speeding along Avenida Salim Farah Maluf, in Tatuapé, which has a speed limit of 50 km/h. When overtaking, he allegedly lost control of the Porsche and crashed into the back of Viana’s car, who was treated for cardiorespiratory arrest and taken to Tatuapé Hospital. He died because of “multiple traumas”.
Viana was born in Codó, Maranhão, and currently lived in Guarulhos. Father of three children, the driver was an evangelical member of the UCKG (Universal Church of the Kingdom of God). He was the playful, extroverted type, easy to laugh, according to his friends.. /COLLABORATE GONÇALO JUNIOR
Tags: flee scene defense Porsche driver involved fatal accident
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