To UOL, Jonas Marzagão, who represents Fernando, said that he must surrender on Monday (6). The lawyer explained that the defense must speak to the judge responsible for the investigation on Monday to guarantee the businessman’s physical integrity when he surrenders to the authorities. Marzagão told the reporter that he should suggest that the driver be sent to the Tremembé prison, in the interior of São Paulo, for security reasons following the repercussions of the case.
An arrest warrant was issued this afternoon. “The judge of Law of the 1st Jury Court of the Central Criminal Forum, doctor Roberto Zanichelli, Cintra, in accordance with the law, orders any police authority and its agents, to whom this is presented, to arrest and take him to any prison unit of this state (…) Fernando de Andrade Sastre Filho”, says an excerpt from the document obtained by UOL.
Preventive detention was ordered on Friday night (3) by a judge. João Augusto Garcia, from the 5th Chamber of Criminal Law, saw the risk of reiterating conduct. “The connection with similar acts, even when people were urged not to drive, due to their condition (also indicated by the gas station attendant, who saw the defendant staggering away), leads to the possibility of reiterating non-compliance with the rules,” he said in the decision.
Defense informed on Friday (3) that it will appeal, but that it will comply with the court decision. The businessman’s legal representatives released a note stating that the measures previously imposed — such as suspension of the driver’s license and prohibition of contact with witnesses — were sufficient and that preventive detention is “disproportionate”.
Fernando is a defendant on charges of intentional homicide (when there is intent to kill) and very serious bodily injury. The complaint was made by prosecutor Monique Ratton, from the São Paulo Public Ministry. App driver Ornaldo Viana, 54, died after the collision and Marcos Vinicius Rocha, 22, a friend of the Porsche driver, was seriously injured.
The Court had already denied three requests for arrest against the businessman, but the Public Ministry appealed. In his decision this Friday (3), the judge cited reports from witnesses that the driver of the Porsche was drunk and “couldn’t even stand up.”
Tags: Porsche driver considered fugitive
