Prison guard José Ribeiro Apostolo Júnior, 42, suspected of being the author of the shot that killed motorcycle courier Dante Luiz Oliveira, 40, shortly after Palmeiras’ 2-1 defeat to Chelsea in the Club World Cup final, Saturday (12), he stated, in a statement to the Justice, that he was persecuted by members of the organized supporters of the alviverde team and that he does not know if the shooting was made by him.
After the testimony, Judge Renato Augusto Pereira Maia, who was on duty this Sunday morning (13), maintained the prison guard’s arrest.
In a decision, available on the website of the Court of Justice, the magistrate transformed the temporary detention into preventive, that is, there is no deadline for the suspect to be released.
Apostle Júnior, who is an escort and surveillance agent for the Penitentiary Administration Department, was arrested in the act. The weapon, a 380 pistol, was for personal use.
The report was unable to contact the lawyers named in the lawsuit. At the time of arrest, the suspect had no constituted defense.
According to the case file, the defense requested provisional release, on the grounds that the defendant is a first-time defendant, with a good background, with a fixed address and work.
On Saturday night, shortly after the arrest, delegate Maurício Freire stated that the prisoner said he was confronted by fans who doubted he was from Palmeiras, was chased, ran and, in desperation, fired his gun.
To the judge this Sunday (13), the prison guard said he was “assaulted by agents of the organized [Mancha Verde]”, being kicked, including in the head and face, and who, when he fell, had his shirt torn, leaving the weapon exposed.
At that moment, he said, he realized that the gun was missing the charger, which had been taken away by someone, as well as the watch and cell phone.
“He claims that even so, he ran again with the gun in his hand, saw military police officers and decided to run towards them to help him, however, he was reached by several individuals, cornered and attacked again”, says an excerpt from the testimony at the custody hearing.
From there, the penitentiary agent says that they tried to take the gun from his hand, and given the situation, he does not know whether the shot fired was his action or that of the individuals who were trying to subtract the pistol, “Only after the shooting did he manage to reach the police and handed over his weapon”, reads the sequence of the excerpt.
In his ruling, the judge attached a link to a video showing the suspect being chased by a group of fans and shooting at random. “It is possible that such a shot caused the victim’s death,” the text states.
“The arrested person allegedly acted with great danger, since he took a firearm to a collective event, allegedly carrying out shootings, which denotes a risk to public safety”, says the judge in his decision. “The thesis of self-defense, in turn, requires the magistrate to look into evidence that has not yet been attached to the case file, such as videos produced by the press, recordings made by possible people who were at the scene. without prejudice to reanalysis.”
“We cannot lose sight, still, that the possession of a weapon is granted to individuals who enjoy the presumption of confidence of the State, which is why weapons must be used in a judicious manner. In this context, it is not reasonable to appear armed in agglomeration event, outside the work stations, putting themselves and the community at risk, which greatly increases the risk of an accident”, he says.
The judge also writes that it cannot be lost sight of, in fact, that the signs of authorship are tenuous, and demand criminal instruction and cites the persecution of fans.
“After all, it is from the records that several individuals wearing the Mancha Verde uniform, would have cornered an individual in the fence, and would have started to attack him with kicks, punches, bottled, and at that moment they heard a bang similar to a gunshot. fire, and that individual ran towards witness PM Adevaldo, who restrained him and held his weapon, noting that the weapon was devoid of magazine and without ammunition, having said individual told witness PM Adevaldo that he was a criminal police officer, having the witness pulled him inside the railing”, writes the magistrate.
On Saturday, the deputy commander of the 4th Battalion of the PM, Major Fábio Teodoro, said that the fight between fans and the shooting started a riot in the place where Palmeiras went to watch the final. According to the official, a man would have run from others towards a fence that separated the PM from the Alviverde crowd. The fleeing boy then drew his gun and shot a man in the chest.
After the shooting, according to the sub-commander, some individuals burst through the fence and charged at agents of the corporation.
“To maintain the safety of the police, family members and others who were here with children, we had to intervene. Shock action was necessary”, said the major.
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