The police continue to investigate the accident involving businessman Fernando Sastre de Andrade Filho, aged 24, suspected of colliding his luxury car, a 2023 Porsche valued at more than R$1 million, into the back of another vehicle, a Renault Sandero, causing the death of Ornaldo da Silva Viana, a 52-year-old app driver.
The accident was recorded in the early hours of Easter Sunday, the 31st, but the driver of the luxury car only presented himself at the 30th Police District of Tatuapé, east of the capital, on the afternoon of Monday, the 1st. He handed himself in almost 40 hours after the incident, on the same day that Viana was buried in Guarulhos, in Greater São Paulo.
See what is known about the case:
When and where did the accident happen?
Andrade Filho was driving a 2023 Porsche valued at more than R$1 million, when in the early hours of Sunday, around 2:20 am, he crashed into the back of the white Renault Sandero that was driven by Viana.
According to images of the accident and reports made by witnesses to the Civil Police, the businessman in the luxury car was traveling at high speed along Avenida Salim Farah Maluf, in Tatuapé, which has a speed limit of 50 km/h. When overtaking, he would have lost control of the Porsche and crashed into the rear of the Renault Sandero.
The collision was recorded at road number 1,801. Due to gravity, the rear of the Renault Sandero was completely destroyed, as was the front of the Porsche. Military Police from the 2nd Company of the 2nd Traffic Battalion were called.
Who was the victim of the collision?
Ornaldo da Silva Viana was rescued with a cardiorespiratory arrest and taken to Tatuapé Hospital. The app driver died because of “multiple traumas”.
A passenger in the businessman’s vehicle was injured. He was taken to Hospital São Luiz for treatment and is doing well.
How did the businessman leave the scene of the accident?
Andrade Filho left the scene with the help of his mother, who told the military police officers who responded to the incident that she was going to take her son to the hospital.
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 the agents went to the hospital to do a breathalyzer test and get their version of the accident, they didn’t find either of them.
The Public Security Secretariat of the State of São Paulo (SSP) states that “when responding to traffic incidents, the Military Police’s priority is to guarantee the rescue of victims and preserve the accident site – which was done by the PMs”, it says the note.
“At the time, in addition to the fatal victim, the driver of the Porsche, initially identified as the victim, and the passenger of the vehicle also had injuries and were rescued. The first, by his mother, while the second was taken by a Samu team.”
When did he turn himself in to the police?
Andrade Filho handed himself in almost 40 hours after the incident, on the same day that Viana was buried in Guarulhos, in Greater São Paulo.
Why was the arrest denied?
The Court of Justice of the State of São Paulo (TJ-SP) confirmed that the Court denied the arrest of the Porsche driver, due to the lack of evidence for a temporary arrest. “The request for temporary detention on judicial duty was denied because the necessary requirements, provided for in Law 7,960/89, were not met,” said the agency.
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.
What are the charges against the driver?
Although the case was initially registered as culpable homicide (without intention to kill), police chief Nelson Vinícius Alves, from the 30th DP, decided to indict Andrade Filho as the author of homicide with possible intent, which is characterized when the person assumes the risk of killing .
High speed is the aspect used by the delegate to characterize possible intent. The businessman was charged with bodily harm to his colleague who was in the passenger seat, in the luxury car and fleeing the scene of the accident, without providing assistance to the victims. The Civil Police also requested the temporary arrest.
Will the businessman’s mother be indicted too?
No. Andrade Filho’s mother will not be charged with helping her son escape the scene of the accident because, according to the police chief, personal favoritism practiced by a family member does not constitute a crime.
The 30th DP delegate reinforced that the mother did not take her son to any hospital, as she initially claimed – she just removed him from the scene of the accident, to prevent him from being taken to the police station and subjected to an examination that could indicate drunkenness, for example.
Who is the businessman suspected of driving the Porsche that caused a fatal accident in SP?
Andrade Filho operates in the real estate and construction materials market. Among the family companies, Fernando’s name appears on the list of partners of the developer Sastre Empreendimentos Imobiliários. In addition to development, the company operates in the purchase, sale, rental and subdivision of its own properties.
The corporate structure is made up of four people, all from the same family. Founded in October 2020, the business is headquartered in the capital of São Paulo with a declared initial investment of R$430,000.
Another family company is F. Andrade, focused on the sale of materials and inputs for civil construction. It is described as a small company, also based in São Paulo.
What about the police officers who let the Porsche driver leave the accident scene?
The conduct of the military police officers, who let the driver go, will be investigated by the Military Police.
Ombudsman Claudio Silva told the Estadão that the Civil Police Ombudsman’s Office contacted the Military Police Internal Affairs Office to investigate the conduct of the agents.
The Civil Police are also investigating the reasons why the military police officers who responded to the incident released the businessman, who presented himself almost 40 hours after the incident.
Civil police officers interviewed by the report under secrecy said that the military police took almost five hours to report the fatal accident to the police station.
SSP also states that it will analyze the dynamics of the incident to identify any errors in operational procedures.
What does the Porsche driver’s defense say?
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. The lawyers spoke out after the businessman was presented to the police.
The businessman’s defense also denied that the client had fled the scene of the accident and stated that he was merely “protecting himself from lynching”.
“It is important to highlight that Fernando did not flee the scene of the accident, as assistance 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.
According to the businessman’s defense, all the circumstances of the accident will be duly investigated during the investigation, with the broadest collaboration of Andrade Filho.
Who was the app driver who died in the accident?
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. What does Viana’s family say?
“My father didn’t deserve this cruelty,” said the victim’s son, Lucas Morais, 28, also a ride-hailing driver. The pain of loss gives way to indignation. “Why didn’t they do the breathalyzer? Why did they release him (the Porsche driver)? I don’t understand much about the law, but they can’t release anyone after an accident like that,” he said.
What else needs to be clarified?
The speed at which the Porsche was traveling at the time of the accident will be indicated by the expert. Due to the hours that have passed since the accident, no test will be able to prove that the driver was possibly drunk.
