Videos recorded by witnesses and circulating on social media show the moment that Joanesson Stahlschmidt, 36, Lieutenant Captain of the Command of the 8th District of the Navy, pedals his bicycle and offends Jagner Macedo Santos, 33, with a racist phrase. who is black and was skateboarding (look above).
Joanesson was off duty and out of uniform when he had a disagreement and argued with a group of skaters who had previously asked him not to go by bike on a street inside the park known as ‘Ladeira da Preguiça’.
The place is used by skaters, who claimed to have told the cyclist that the street was a dead-end and that, as Jagner told police, “cycling is not allowed.”
The images, recorded by cell phones by witnesses, show the exchange between the cyclist and skaters. One of the people in the group comments that Joanesson would have identified himself as a police officer. The captain then takes a cell phone and also starts filming the people around him.
The scenes did not register, but after the officer curses the skateboard teacher with a racist phrase, he was chased by some people who assaulted him.
Jagner told officers he stopped them from hitting the cyclist any further. Joanesson himself said at the police station that the skateboard teacher did not attack him.
Park security and Metropolitan Civil Guard (GCM) agents were called to attend to the incident and took Jagner and Joanesson to the 27th Police District (DP), where the case was registered as a racial slur. The captain’s attackers were not identified and, for this reason, no other suspects were taken to the police station.
What does the naval officer say?
O g1 could not locate the captain’s defense nor the Navy to comment on the matter until the last update of this report. In his interrogation, accompanied by three Marines, Joanesson denied that he had cursed Jagner with a racist phrase — despite the video showing that he offended the skater.
According to his version, the cyclist was passing through the park when he was “verbally assaulted by the skaters”, who said he “would get screwed” if he biked down that street. And when he returned, he continued to be insulted by the group, which, according to him, said: “at the end of the street there should be an abyss for him to fall and die”. Then, Joanesson said, the skaters “started pushing him.”
And that when he took the bike and left, the officer said, “he was physically attacked by the boy’s friends who punched him, including in the face”. He also said that he was threatened by the skaters, who said they would “persecute his family”.
In his testimony at the PD, Jagner said that he and his friends warned the cyclist that he “couldn’t get off there. [na ‘Ladeira da Preguiça’] by bicycle” and that “in the lower part [ao final da ladeira] there is no way out”. The skateboard teacher also said that it is common for skaters to warn other cyclists who are unaware of this.
But, according to Jagner, the cyclist did not like being called attention and replied: “Do you know who I am?”. And he identified himself as a police officer, according to the skateboarding teacher, who said he later said that “still he was in the wrong place.”
What does the skateboard surf teacher say
Jagner Macedo Santos recorded a video to tell g1 what happened, according to him, when he was called a ‘black shit’ by a naval officer — Photo: Reproduction/Personal archive
In a recorded interview for the g1Jagner said he was skateboarding with friends and advised the cyclist that it was not an appropriate place for him to ride.
“I said: ‘This is just a place for skateboarding’. He didn’t like it. Until then he went upstairs and saw that he was wrong, but he kept retorting: ‘Do you know who you’re talking to? You’re talking to the police.’ I said, ‘Fine, but you’re in the wrong place’. Then he came on top of me. Then he got on the bike and looked at me, looked me up and down and said I was ‘black asshole’, twice,” Jagner said on the recording.
“Then he tried to run. And then the people walking around grabbed him. He couldn’t run. People even tried to hit him. I still went there and took the guys out, I said: ‘Don’t hit him’”, said the skateboarding teacher.
“For me this is unacceptable, you know? Like… 21st century, racism, by color. Especially coming from a naval officer. he is a lieutenant, captain in the navy. Disappointing,” Jagner said.
After hearing the skateboarding teacher’s testimony and questioning the Navy captain, the Civil Police indicted and arrested Joanesson in the act for the crime of racial slur.
Jagner Macedo Santos is a skateboard surf teacher in São Paulo — Photo: Publicity/Personal archive
The Federal Supreme Court (STF) equated racial injury with the crime of racism because it understands that it is one of the types of racism that exist in Brazil. Racial slur is an offense against an individual, a person because of the color of their skin, for example. If the offense is against all black people, the crime is framed as racism because it affects the collectivity.
The two crimes are non-bailable and imprescriptible, according to the law, including arrest in flagrante delicto.
According to the 27th DP, as Joanesson has the rank of military officer for being a captain in the Navy, “it was determined that the author was placed on the premises of the OAB room [Ordem dos Advogados do Brasil]due to the lack of a General Staff Room in this police station”, as determined by the Criminal Procedure Code (CPP).
Also according to the record made at the police station, a captain, two corporals and a naval sergeant “were responsible for the custody of the accused, to be sent to the General Staff Room, on the premises of the Navy” in São Paulo.
According to the incident report, Joanesson would also undergo a forensic examination and later should go to court custody hearing.
Jagner Macedo Santos teaches surfing and skateboarding at Ibirapuera Park, in the South Zone of São Paulo — Photo: Disclosure/Personal archive
O g1 contacted the Secretariat of Public Security (SSP) and the Court of Justice (TJ) to find out if the captain was still in detention, but there was no response. As soon as it has, the positions will be included in the report.
Searched for by the report, Luciano SantoroJagner’s lawyer, said that his client decided to represent criminally in the police so that the case is taken to justice.
“The video is clear in demonstrating that this author of the fact, a captain-lieutenant of the Navy, approaches on a bicycle, and, twice, offends the teacher by saying: ‘black shit’, and tries to flee, being restrained by the popular,” said Luciano, Jagner’s lawyer. “That’s why he [Joanesson] was arrested in flagrante delicto and is subject to a penalty of 1 to 3 years of imprisonment and a fine.”