Defense of driver who killed nurse will seek revocation of arrest

by time news

2023-06-06 23:50:00

After video, lawyers claim that the cause of the accident was due to a wrong maneuver made by the victim

Tânia Barbosa Franco after an accident that killed a nursing technician (Photo: Reproduction)

The defense of the driver Tânia Barbosa Franco de Araújo Nogueira, 48 years old, responsible for the running over of the nursing technician Gilmara da Silva Canhete Baldo Bernardo, 46, last Sunday (4), will ask the Justice to revoke the preventive detention of the accused. The justification is that although Tânia had drunk alcohol, the reason for the collision was a wrong maneuver performed by the nursing technician.

According to one of the lawyers, Carlos Alberto de Jesus Marques, the video shows the dynamics of the accident and reveals that the victim was traveling on Ceará Street when he tried to turn left to access Rua da Paz, which is prohibited. Shortly after making the curve, she is hit by Tânia, who was coming in the opposite direction of the road.

Faced with this reality of the facts, totally different from what appears in the Police Report, it makes no sense to keep someone who will answer for manslaughter in prison, and will probably be acquitted in terms of the cause of the accident, which was not drinking and yes a wrong conversion”, said Carlos.

As already published by Campo Grande News, the rate of alcohol detected in the breathalyzer test showed a percentage of 0.09 in Tânia’s body. For the defense, the level is small and could not have caused the accident on the grounds that the accused was drunk.

′′ The victim figured there was time and entered. So much so that Tânia doesn’t even have time to brake. I’m assuming her alcoholism rate is 0.09 the allowed is 0.05. If you drink two glasses of wine, it’s twice as much. This evidently does not give a person a rate of alcoholism to be out of their minds,” she added.

Carlos also pointed out that Tânia, when appearing in a video after the accident, claiming that the motorcyclist should not have appeared there, was being pressured by the public. He also said that the story of Tânia not having fled due to flat tires is untrue.

“The video was taken right after the accident, she was still inside the car, under extreme pressure. Obviously it was regrettable, you shouldn’t drink and drive, everyone knows that. But that was not what caused the accident, it was unfortunately a botched maneuver on the part of the victim, who could not have turned there, as it was prohibited. She doesn’t stop and the way she comes in, she thought there would be time and it didn’t”.

Accident – The accident happened on Sunday night (4), between the intersection of Ceará and Paz streets, in the Santa Fé neighborhood, in Campo Grande. Gilmara was driving a Yamaha Factor motorcycle and was hit by the Chevrolet Ônix when she tried to make a prohibited conversion. In the version of the police report, she would have been hit in the rear. (Video above shows the moment of the collision). Gilmara was thrown 10 meters from the spot and the motorcycle 40 meters away.

Tânia ran away without helping, but stopped later. The driver was eventually detained by witnesses until the police arrived. The breathalyzer test found that she was drunk and the woman was arrested in the act and taken to Depac (Community Emergency Service Police Station) Cepol.

Manslaughter – Tânia is being accused of manslaughter, when there is no intention to kill, under the influence of alcohol. The penalty is imprisonment, from five to eight years, and suspension or prohibition of the right to obtain a permit or license to drive a motor vehicle. In addition to Carlos Alberto de Jesus Marques, Murilo Medeiros Marques also defends the case.

O Campo Grande News tried to locate the victim’s relatives, but until the publication of this article was unsuccessful.

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