Judge Ariadne Villela Lopes, from the 5th Criminal Court of São Gonçalo, responded to a request from the Public Ministry and today (4) transformed the arrest of Navy Sergeant Aurélio Alves Bezerra, 41, into preventive detention and changed the charge. from manslaughter to intentional homicide, when there is intent to kill. On Wednesday night (2), the military killed his neighbor Durval Teófilo Filho38 years old, at the time the victim arrived home and was getting ready to open the gate, looking for the house key in her backpack.
Durval had left the supermarket where he worked as a stockist in Niterói shortly after 10 pm. The sergeant, who was driving, shot the victim three times, claiming that Durval moved something in the belly region and was going to rob him, mistaking him for a bandit. One of the automatic pistol shots hit the belly and caused internal bleeding.
The sergeant then got out of the car, asked if the victim was armed and got the answer that he also lived in the condominium. With the help of neighbors, who helped put Durval in the military’s car, Bezerra went to the Alberto Torres State Hospital, where the victim died shortly after being rescued.
During the custody hearing, the magistrate, at the request of the Public Prosecutor’s Office, changed the charge of manslaughter, when there is no intention to kill, to intentional, when there is an intention to kill. “[A decisão] does not violate the principles of contradictory and full defense, considering that the accused or accused in the criminal process defends himself from the facts and not from the legal capitulation imputed to them”, wrote the judge.
Durval Teófilo’s body was buried this afternoon at São Miguel Cemetery, in São Gonçalo. Amid protests, carrying placards reading “Black Lives Matter” and cries for justice, hundreds of people attended the funeral. Relatives and co-workers said that Durval was a sweet person and always ready to help others.
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