Genoa – The Court of Appeal confirmed the acquittal for Luca Pedemonte, the officer accused of negligent excess of self-defense for having shot and killed Jeferson Tomalà during a Tso in June 2018. The policeman, defended by lawyers Antonio Rubino and Giulia Liberti, had already been acquitted in first instance (the article at this link) as the public prosecutor himself had requested Walter Cotugno. According to what the young man reconstructed, he had barricaded himself in a room of the house with a knife, his family had asked for help because he was threatening to kill them and commit suicide.
He was enraged by an argument that had occurred the day before with his partner, the mother of their two-month-old daughter. The men from the squad cars arrived on site and first treated him, then they broke in, spraying him with pepper spray to stop him and subject him to compulsory medical treatment. The young man attacked and injured a policeman and Pedemonte fired six shots, killing Tomalà. The judges of second instance also acquitted with the formula “because the act does not constitute a crime”. In practice, the justification for legitimate defense has been recognised.
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