Porsche case: businessman sentenced to 17 years for death of driver in São Paulo
Fernando Sastre de Andrade Filho was sentenced by São Paulo's Jury Court to 17 years' imprisonment for the death of rideshare driver Ornaldo da Silva Viana.
Jury condemns Porsche businessman to more than 17 years following fatal collision in east São Paulo
São Paulo's Jury Court sentenced businessman Fernando Sastre de Andrade Filho on Friday, 30th, to 17 years, one month and ten days' imprisonment under a closed regime for the death of rideshare driver Ornaldo da Silva Viana and for the very serious bodily injury of Marcus Vinicius Machado Rocha, a passenger in the accused's own vehicle. As reported by migalhas.com.br, the jurors recognised eventual intent — a modality in which the agent does not directly seek the result but assumes the risk of causing it.
The collision occurred in the early morning of 31 March 2024 on Avenida Salim Farah Maluf, in the east zone of São Paulo's city centre. The Porsche driven by Sastre struck the rear of Ornaldo's Renault Sandero, the 52-year-old man who was returning home after work. Official forensics indicated that the luxury car was travelling at 156 km/h on a road with a speed limit of 50 km/h.
Before the accident, Sastre had gone out with his girlfriend and a couple of friends, visiting a restaurant and a poker house. During questioning held on Thursday, 29th, the businessman admitted to having consumed two whisky-based drinks before taking the wheel, contradicting an earlier version in which he had denied drinking alcohol. He maintained, however, that he felt in a fit state to drive.
Ignored warnings and history of infractions
In her sentence, Judge Melanie Liesenberg of the 1st Jury Court of the Capital analysed the businessman's conduct in light of friends' requests that he should not drive. "The disregarded warnings and the consequent decision to continue driving were used as elements to convince the jury regarding the assumption of risk, which underlay the recognition of eventual intent by the Jury Council," the magistrate stated.
Liesenberg further highlighted that Sastre had resumed driving "less than a month after completing a suspension of his driving licence imposed for a previous illegal street racing incident".
Victims and consequences
Ornaldo died as a result of the crash, leaving a teenage daughter orphaned and without her father's material support. Marcus Vinicius, who was in the Porsche's passenger seat, lost his spleen, underwent several surgeries and continues medical and psychological treatment.
São Paulo's Public Prosecution Service sought conviction for homicide with eventual intent and upheld the aggravating factor of common danger, given the risk posed to other people present on the road. The defence argued that Sastre acted with recklessness, but without intent to kill or injure, and sought classification as culpable homicide. The jurors accepted the prosecution's thesis: aggravated homicide by common danger in the modality of eventual intent, in addition to very serious bodily injury.
Leaving the scene and absence of breathalyser test
Following the collision, Sastre left the scene accompanied by his mother, with permission from military police, under the claim that he would be taken to a hospital. He was not subjected to a breathalyser test. During the trial, the police officer who authorised his departure stated that she felt deceived upon learning that the businessman had not been taken to any health facility.
In addition to the prison sentence, the judgment imposed a driving ban on Sastre. He will not be permitted to appeal whilst free. The businessman has been held in preventive custody since 6 May 2024 and was tried at the Criminal Court of Barra Funda, in São Paulo.
Source: Google News BR — São Paulo