Com pouco mais de seis horas de sessão,sob a presidência do juiz Felipe Remonato Rodrigues,jurados do Tribunal do Júri de Camacan votaram pela condenação de Luismar Menezes de Jesus,25 anos,acusado de executar,Zé Cabeleireiro,51 anos.A decisão não acatou a tese acusatória promovida pela promotora de justiça Cíntia Portella,que pedia a condenação por homicídio doloso.Em defesa do réu atuou o advogado Gilberto Soares.O júri foi formado por 06 homens e 01 mulher.
A defesa conseguiu desclassificar o caso de homicídio qualificado para lesão corporal seguida de morte,pois segundo a defesa o rapaz teria sofrido algum tipo de abuso e,pode ter sido forçado a uma prática de que ele não queria.Com este argumento a tese da defensoria convenceu o júri a aplicar uma ''pena baixa'',conforme muitos estão comentando.
Luismar Menezes de Jesus,25 anos,acusado da morte do cabeleireiro José Raimundo de Santana,-o Zé Cabeleireiro-,há época com 51 anos,foi condenado pelo Tribunal Penal do Fórum de Camacan,na tarde desta quarta-feira,28.Luismar foi preso dois dias após cometer o crime,em 05 de maio de 2019.O assassinato de Zé Cabeleireiro aconteceu dentro da própria casa-salão,no Bairro Antônio Elias Ribeiro,na região central da cidade.A vítima foi encontrada completamente nua e com diversos hematomas,principalmente na cabeça,que teriam sido causadas por golpes de objetos contundentes, segundo apontou a polícia.Após horas de julgamento,o réu foi condenado à pena de 8 anos e 06 meses de reclusão.O Ministério Público não ficou satisfeito e irá recorrer da sentença. Estamos acompanhando o caso e poderemos atualizar a reportagem a qualquer momento.
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RESUMO DA SENTENÇA
O Ministério Público,denunciou o acusado pela prática dos
crimes de homicídio qualificado e furto majorado,nos termos dos artigos 121, §
2º, incisos II e III, e artigo 155, § 1º, ambos do Código Penal.
O Advogado do réu sustentou a tese de legitima defesa e
subsidiariamente a desclassificação para lesão corporal seguida de morte ou
homicídio privilegiado.
Após os debates orais,o réu foi submetido a julgamento pelo
Conselho de Sentença(jurados),que acolhendo parcialmente a tese da defesa,
entendeu que não havia sido cometido crime doloso contra a vida (homicídio),mas sim lesão corporal com resultado morte,o que fez exaurir-se a competência
do Tribunal do Júri,e descolar-se a apreciação e julgamento do caso para o
juiz togado.
Ao analisar o feito,o juízo entendeu que restaram
comprovadas a autoria e materialidade tanto em relação à lesão corporal seguida
de morte, quanto em relação ao furto(na forma simples),condenando o acusado a
uma pena definitiva 08 (oito)anos e 06(seis)meses de reclusão,a ser
cumprida em regime fechado(ainda sujeita a recurso).
Ademais,diante do alto índice de reprovabilidade social do
crime e de que houve claro intento do réu em evadir-se do distrito da culpa,o
juízo entendeu que o acusado deve aguardar o julgamento do recurso preso,
indeferindo o direito de recorrer em liberdade.
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