Family members of mauro war32 years old killed by a gunshot fired by a marshal of the carabinieri during a mandatory medical treatmentthey will have justice only in the form of a compensation pecuniary. But there will be no prison sentence against Marco Pegorarobecause the Public Prosecutor of Rovigo had not filed an appeal against theacquittal in the first instance of the military. Thus the trial, even in the scenario of an accusation of culpable excess of self-defense, had a halved epilogue.
The sentence was issued by the Court of Appeal of Venice which recognized the existence of the crime, resulting in a sentence of compensation and a provisional 260 thousand euros. The requests formulated by the defendants of the civil party, the lawyers Fabio, were thus accepted Pinelli and Alberto Berardi.
Guerra had been shot and killed on 29 July 2015 in a wheat field a few hundred meters from home, a Carmignano di Sant’Urbano, in the province of Padua. He was fleeing from unauthorized medical treatment to which the local police station wanted to subject him. The marshal of the carabinieri justified himself by claiming that he was forced to shoot to save the sergeant Stefano Sarto, after he was shot in the head, jaw and ribs. Guerra’s reaction to the Tso had been violent, he had fled, then had struggled to avoid being blocked and taken to hospital.
In the first instance sentence, issued on December 15, 2018the judge Raffaele Belvederi had claimed that Pegoraro he had been forced to shoot even though he later accused the carabinieri of having behaved arbitrarily and illegitimate. In the second degree trial the attorney general asked for the acquittal of the accused, explaining that the carabiniere had not aimed at Guerra’s head. The plaintiff lawyers, on the other hand, argued that no dangerous situation had arisen and therefore the carabinieri could also have temporarily let Guerra escape. Furthermore, the brigadier who was attacked was not in danger of life. Finally, the carabinieri who had surrounded Guerra were a few meters away and could have neutralized the man too without resorting to arms.
Guerra had a degree in Economics and Commerce and was about to become financial advisor. Tso’s provision should have been authorized by the health workers and by Mayor. Upon their arrival, the military found Guerra shirtless. The man, having understood that there was no written provision, had fled and hit the sergeant. Then he had been hit by a gunshot to the abdomen.
After the sentence, Giusy Businaro, Mauro’s mother, said: “I don’t even know what to say, I’ve been used to having blows too big in these classrooms… which I called classrooms of injustice, because the injustice has come out all the way. I left because I was no longer able to take yet another stab in the back ”. Instead, there was a conviction. “But it is not a condemnation that opens my heart, which allows me to say that justice has been done to Mauro. Mauro paid with his life for the mistakes of these men, of that man … He will have his freedom, he will be able to continue to live his life, to have a job. Instead for Mauro everything is finished and for us nothing is finished ”.