Porsche owner drank in two places before accident and influenced girlfriend’s statement, says MP

The São Paulo Public Ministry (MPSP) stated that businessman Fernando Sastre Filho, aged 24, accused of driving a Porsche after drinking alcohol and causing the death of an app driver, had influenced and coordinated his girlfriend’s testimony.

He was charged by the Public Prosecutor’s Office, on Monday, the 29th, with intentional homicide — when there is intent to kill — and very serious bodily injury. He was the one driving the Porsche that crashed into the car of app driver Ornaldo da Silva Viana, aged 52, who died at the scene. The case occurred on March 31, in the East Zone of São Paulo.

Prosecutor Monique Ratton, responsible for the case and the complaint, also defended Fernando’s new request for preventive detention, which was also denied. Previously, the Court had already denied the preventive request, opting to impose a series of precautionary measures, such as the ban on approaching witnesses, the suspension of the driver’s license and the payment of bail in the amount of R$500,000.

Influenced witnesses

According to the prosecutor, the testimony provided by Giovanna Pinheiro Silva, Fernando’s girlfriend and the only witness to deny that the businessman had consumed alcohol before the accident with the luxury car, would confirm that he violated the measures imposed.

Giovanna gave a statement on April 9, when the Civil Police had already received reports that the businessman had consumed alcoholic beverages on the night of the accident.

“There was fear — in the first arrest request — that the accused’s witness and girlfriend, Giovana, would be compelled by him, pressured and convinced to give a different version. I’m afraid it came to fruition”, writes the prosecutor in the complaint.

Contrary to the witnesses’ report to the police, Fernando’s girlfriend stated that he had not consumed alcohol. She explained that, due to the agreement established over the eight years of their relationship, when one of them drinks, the other stops drinking.

According to the testimony of Fernando’s girlfriend, the couple met on Saturday night, the 30th, with a friend of his, Marcus Vinicius Machado Rocha, and his girlfriend, in a restaurant. This couple of friends were in another vehicle.

However, the prosecutor stated that, according to the footage from the police officers’ body cameras, Giovana “did not witness such events.” Therefore, for her, the information provided by Giovana “was effectively contaminated”, characterizing a “totally forced and biased” version, and “indicating that there was contact between them and/or, at least, with the lawyers”, she highlighted in the complaint.

“As a result, there was effective disregard for the court order (…) not to approach or contact the witness. Preventive detention of the accused should also be ordered for non-compliance with the imposed precautionary measure”, he concludes.

Drank alcoholic beverage

The complaint also points out that Fernando drank in two places before driving his car, a fact confirmed by the Civil Police during the investigation, and that both his girlfriend and a couple of friends tried to prevent him from driving the luxury car. However, he took the risk when he took the vehicle, even though he was drunk.

“On the avenue, it traveled at more than 150 km/h, hitting a car driven by an app driver, who died. The victim who was in the passenger seat of the luxury car suffered very serious injuries, remaining in the ICU for ten days, with organ loss. The accused only presented himself to the police authorities 36 hours after the collision, having left the scene with the authorization of the military police officers who responded to the incident”, says the MP’s note.

PM who released driver could face corruption charges

In the same complaint in which she requested the businessman’s preventive arrest, prosecutor Monique Ratton also asked that the military police officer responsible for releasing the Porsche owner from the scene of the accident be investigated on suspicion of passive corruption.

The prosecutor alleges the “possible criminal responsibility” of PM Dayse Aparecida Cardoso Romão and requests copies of the body camera recordings, the police officers’ statements and the police report, due to the fact that the police officer responded to Fernando’s mother’s request and “ the responsible person was released in a state of red flag to go to the hospital without escort or supervision”.

In the prosecutor’s assessment, the PM failed to perform an “official act” when releasing the driver, “with a breach of functional duty, generating effective damage to the act and other evidence in these records”.