22-year-old woman becomes defendant in qualified homicide case following roommate's death in Ribeirão Preto
Amanda Carla da Silva was charged by the Public Prosecutor's Office with fatally stabbing Marcus Vinicius Gonçalves da Silva. The judge maintained her pre-trial detention and the trial is ongoing.
Court accepts charges against woman accused of stabbing roommate to death in Ribeirão Preto
According to g1.globo.com, Amanda Carla da Silva, aged 22, has become a defendant in a qualified homicide case following the death of Marcus Vinicius Gonçalves da Silva, aged 32, which occurred in the early hours of 7 September in the apartment the two shared in Ribeirão Preto (SP). Judge Marta Rodrigues Maffeis of the 1st Jury and Criminal Executions Court received the Public Prosecutor's Office charges on Wednesday (23) and maintained the defendant's pre-trial detention in the same ruling, entered into the case on Thursday (24).
Marcus died from a neck wound inside the property on Rua Geraldo Rinhel Sobrinho. Amanda has been in custody since the day of the crime.
Charges and aggravating factors
The charges were filed on 18 September by prosecutor Eliseu José Berardo Gonçalves. The Public Prosecutor's Office states that Amanda attacked Marcus with a knife, striking him in the neck. According to the prosecution, the motive remains unknown.
The prosecutor's office identified two aggravating factors that make the crime more serious: cruel means, arguing that the wound caused unnecessary physical and psychological suffering to the victim; and a method that prevented the victim from defending himself, as security camera footage, according to the prosecution, shows Amanda carrying the knife through the building corridor before the crime, catching Marcus by surprise.
The police report acknowledges that the footage shows Amanda leaving the apartment with an object appearing to be a knife, but states that it is not possible to identify it conclusively.
Qualified homicide is a heinous crime, with a sentence of 12 to 30 years' imprisonment. The prosecution also requests that, in the event of conviction, Amanda pay R$50,000 in compensation for moral damages to Marcus's family.
The accused's version
In a statement to the Civil Police, Amanda admitted to stabbing Marcus, but claimed she was reacting to an attack by him, who was also armed with a knife.
According to her account, she had gone out in the early hours to meet a friend. Upon returning, she found Marcus sitting on her bedroom bed, holding a knife. She said he lunged at her, she tried to push him out of the room and close the door without success. She then claimed to have grabbed a knife she kept under her pillow and stabbed him, but could not say precisely how many times.
Amanda stated that Marcus ran to the living room, returned bleeding from the neck and collapsed. After that, according to her, she began calling for help.
The building security guard and a neighbour told police they found Amanda next to Marcus, trying to stop the bleeding with a cloth and asking for help. Both stated they had never witnessed arguments between the two.
The military police officers who attended the scene, however, reported that Amanda, still at the location, initially said she had reacted to an attack by Marcus and then changed her account, claiming that he himself had caused the wound.
Defence and unsuccessful release bid
Amanda's defence maintains that the case dynamics are still under investigation and emphasises that she did not flee: she remained at the scene until police arrived and called for help. When requesting revocation of pre-trial detention, her lawyers cited the arrest report, in which the delegate recorded partial correspondence between Amanda's account and the two knives found, as well as some blood traces in the apartment. The same document indicates that it was not possible to recognise self-defence before forensic examinations.
"Uncertainty as to the dynamics of the incident does not equate to a demonstration of dangerousness," the lawyers argued. The request for revocation had previously been denied.
In maintaining pre-trial detention, the judge cited the strike to a vital area, the footage which, according to police, shows Amanda with an object consistent with a knife moments before the crime, the contradictory accounts given at the scene, and a blade which, according to a police certificate mentioned in the rulings, Amanda was carrying hidden in her bra when she entered the cell.
The judge also based the decision on forensic reports. The autopsy determined that Marcus died from a penetrating neck wound, with no significant defensive injuries. The injuries found on Amanda are minor and, according to police, do not unequivocally demonstrate a defensive pattern in a knife confrontation.
For the judge, the fact that Amanda has no prior criminal record does not rule out a risk to public order. Pre-trial detention will be subject to mandatory review again on 5 December.
Disputed relationship
The charges state that the two had been in a relationship for approximately two months. Amanda denies this: she stated in her deposition that she lived with Marcus only to share expenses and that she had rejected a dating proposal from him. The victim's family asserts that they were dating.
The judge also allowed Ketlin Beatriz Silva de Jesus, Marcus's sister, to participate in the case as a party assisting the prosecution alongside the Public Prosecutor's Office.
Next steps
The acceptance of charges does not imply conviction. The ruling indicates that the court has identified sufficient evidence to initiate criminal proceedings. Amanda will be served notice at the Mogi Guaçu Women's Penitentiary — where she was transferred on 10 September, according to a letter from the Prison Administration Secretariat (SAP) — and will have 10 days to submit her answer to the charges.
Source: Google News BR — São Paulo