Player Marcinho is convicted of running over and killing couple in Rio – News

2023-04-19 15:54:10

Judge Rudi Baldi Loewenkoron, from the 34th Criminal Court of Rio de Janeiro, sentenced, this Tuesday (18), soccer player Márcio Almeida de Oliveira, known as Marcinho, former right-back for Botafogo, to three years and six months open detention by the run over that killed teachers Maria Cristina José Soares and Alexandre Silva de Lima. The sentence also determined the suspension of the athlete’s license to drive a motor vehicle for the same period.

As the crime was considered culpable – when there was no intent – and with a sentence of less than four years, among other requirements met by article 44 of the Penal Code, the magistrate replaced the custodial sentence with two sentences restricting rights, with the provision of services to entities to be chosen by the Criminal Execution Court.

run over

The accident happened on December 30, 2020, around 8:30 pm, when the couple was crossing Lúcio Costa Avenue, on Recreio dos Bandeirantes beach, in the west of the city. According to a complaint by the MP-RJ (Rio de Janeiro Public Ministry), minutes before the accident, Marcinho was recklessly driving his Mini Cooper in a zigzag on the road towards Barra da Tijuca, at a speed of between 86 km and 110 km/h. The maximum speed allowed on the road is 70 km/h.

Also according to the complaint, on the day of the accident, between 11 am and 11:30 am, Marcinho was at the Rei do Bacalhau restaurant, in the Encantado neighborhood, in the north zone, where he consumed alcoholic beverages, ingesting at least five beer glasses.

The magistrate highlighted that the imprudence of the accused was fully proven, not only by the oral evidence produced, but also through technical and expert evidence.

In the sentence, judge Rudi Baldi wrote: “It is important to state that guilt, in the definition of doctrine, is the non-compliance with the objective duty of care, manifested in a conduct capable of leading to an unwanted result, but objectively predictable. The expert concluded that there were two concurrent causes for the collision: 1) excessive speed applied by the driver of the vehicle, incompatible with the road; 2) and the victims entering the roadway in an inappropriate place for crossing, since the nearest crosswalk was 88 meters from the collision site.”