The change in the legal characterization of the crimes charged against two former Marines in the trial of the death of police officer Fabio Guerra shows that the court now understands that the murder was committed against a “particularly defenseless person.”
According to the defense motion of the defendant Claudio Coimbra, who called the change of legal qualification “unqualified” and referred to the invalidity of the oral order of Judge Helena Susano, the court considers that “it has not been proven that the defendants knew that the victim Fabio Guerra and the offended João Gonçalves were PSP, that thereby set aside the aggravating circumstance set out in the indictment” of the State Ministry (MP).
“But, as the court understands, it will have to be replaced by another. Subparagraph “k)” is then replaced by subparagraph “c)” of paragraph 2 of Article 132. [do Código Penal]. This paragraph states that the crimes of murder (victim Fabio Guerra) and assaults on physical integrity (offended by Joao Gonçalves and Claudio Pereira) are qualified because the facts were committed “against a particularly defenseless person by reason of age, disability, illness or pregnancy” . “, reads a document released Thursday, which Lusa had access to.
After a meeting of the Lisbon Central Criminal Court, where the verdict was expected on Wednesday (postponed to May 29), Claudio Coimbra’s defense argued that for the judge, “everything that was discussed about the fact that the defendants knew that the victims were members of the OOP [órgãos de polícia criminal] it does not matter anymore”.
Lawyers also argued that Claudio Coimbre was charged with more and more serious crimes for incidents with Claudio Pereira at the disco. It is, according to the statement, the crime of qualified murder in the form of attempt, the crime of qualified assault on physical integrity and another offense of simple physical integrity, when the latter was accused of assaulting simple physical integrity only on the offended.
Claudio Coimbra’s defense also clarified, referring to the violation of the principle of communication of the prosecution, that the change in legal qualification “strictly has nothing to do with the one that appeared in the prosecution.”
Thus, the invalidity of the decision of Judge Helena was requested, which combines two invalidities that lawyer Miguel Santos Pereira pointed out while still in the courtroom regarding the reopening of the hearing and the participation of the jury in this matter.
In the accusations, the deputy has already emphasized the great fragility of Fabio Guerra compared to the defendants and colleagues.
“We are talking about a man 1.72 meters tall and weighing 55 kilograms, who asked the ex-marine for at least 20 years in prison, but did not specify what punishment would be applied to Vadim Grinko.
PSP agent Fabio Guerra, 26, died on March 21, 2022 at the San José hospital in Lisbon due to “severe head injuries” sustained in attacks he suffered outside the Mome nightclub in Alcantara. when he got out of order.
In September, a deputy charged former Marines Claudio Coimbra and Vadim Grinko with aggravated murder, three crimes against physical integrity, and one crime against mere physical integrity in a case that culminated in the death of PSP agent Fabio Var. .