Upon exclusion of illegality, Justice acquits engineer accused of shooting his pet dog | Head of Prudente and District

In a preliminary ruling issued on Monday afternoon (16), the Assistant Judge of the First Criminal Court of the Judicial District of President Prudente, Fabio Mendes Ferreira, concluded that “the criminal case is unfounded, given that there is an exception to the cause of illegality.” (Case of need of a party third).

The judge stressed that “despite the efforts of the noble Public Prosecution member, the acquittal of the accused is an imposed procedure, because I understand that the accused acted in a situation where a third party is needed.”

In the sentencing, the judge also considered that the material significance of the offense of abuse was not clearly shown in the records, because, according to the investigating judge, the accused showed that he contained the vaccination records of his dogs. So far, they were well fed, were free to yard and had shelter to be confined to when necessary.

Ferreira noted that the state of necessity is one of the reasons that excludes the illegality (illegitimacy) of the act of the agent, as provided by the Penal Code (CP).

He cited Article 24 of the Penal Code, which states that “a person who commits an act to save from a present danger is considered to be in a state of necessity, which he did not cause by his will, and could not otherwise avoid it, by his right or by another person, it was unreasonable to claim By his sacrifice, under the circumstances.”

“In fact, the state of necessity is formed when the actor, in the face of a situation of real danger, seeks or protects his own right or the right of others, a premise alluded to in the case on the table,” the judge asserted.

“In my opinion, then, there are indications that fulfill the requirements of forming a state of need. And although the defendant fired a firearm at the wild dog, the means available to him at the time and elected were the most effective in the face of the proven state of need. I see that his behavior complied with the imperative requirements. Danger in another way and proportionality,” Ferreira ruled.

According to the judge, “innocence is a measure of strictness.”

On January 1, 2022, the civil engineer was caught red-handed after he killed a bull with a pistol shot, in Villa Cristina, in Presidente Prudente. At that time, the man also received an environmental violation notice in the amount of R$6,000 for abusing a pet that resulted in death.

According to the information contained in the incident bulletin, a team of the Military Police was called after the property’s neighbors called 190 and reported that the resident had shot a dog.

When the police arrived at the scene, the house was closed and empty. A neighbor told the prime minister that the occupant was her tenant and that she heard a noise, but saw nothing.

The military was able to contact the resident by phone, who said he was in Santa Casa de Misericordia with his girlfriend who was bitten by his dog.

The man went home and told police he had shot the dog because the animal had bitten his girlfriend, according to the bulletin.

The police asked the resident why he shot the dog inside the kennel, as the animal’s body was found in that place.

The man said that his girlfriend tried to put two dogs in the kennel and that one of them came to her. The suspect reported that he managed to put the dogs into the kennel, but one of them tried to jump over the fence, and was very nervous and aggressive. The man entered the house, took a pistol from his possessions, returned to the barn and shot the animal with a single shot, which led to his death, according to the police document.

After that, the man removed the gun and went to take his fiancée to the emergency room.

The suspect provided the handgun, hunting rifle and ammunition that were duly registered.

He received the vote of arrest in flagrante delicto at that time.

The next day, Justice decided to keep the civil engineer in prison. On this occasion, the decision of Judge Flávia Alves Medeiros, of the Forum Presidente Prudente, referred to it as “violent and unjustified” behavior against the domestic animal.

However, on January 4, Judge Luis Antonio Cardoso, of the São Paulo State Court of Justice (TJ-SP), granted the civil engineer temporary freedom. The decision, which also imposed the payment of bail and precautionary measures, was issued in a court order, pursuant to a subpoena submitted by the engineer’s defense. In the document, the judge stated that the person in question is primary, has a good background, is an engineer, has a permanent residence, and nothing appears in the file that tarnishes his reputation and supports his teenage daughter.

Justice acquits an engineer accused of shooting his dog – Photo: Military Environment Police

In the ruling of Judge Fabio Mendes Ferreira, who decided to acquit the defendant, there is a report submitted by the engineer’s girlfriend.

She said that on the day of the accident when she went to arrest dogs at the kennel, someone attacked her. She also said that because of the injuries from the bites, she needed to be rescued in Santa Casa to receive medical attention.

The woman stated that she had never been attacked by dogs before. In addition, he maintained that the defendant had always treated the dogs very well.

She stated that she had put the dogs in the kennel, but had not yet closed the gate, when she was attacked. She also reported that she screamed for help when her boyfriend came and asked to remain still, at which point he shot the dog that was attacking her.

The woman said the dogs already knew her and confirmed that the defendant fired the shot from outside the kennel.

She stated that she believed she was going to die from the dog attack and said that it was her boyfriend who took her to the hospital.

Justice acquits an engineer accused of shooting his dog – Photo: Military Environment Police

In an affidavit to the court, the engineer denied committing the crime attributed to him in the complaint prepared by the Public Prosecution Office of the State of São Paulo (MPE-SP).

The Public Prosecution accused him of violating Paragraphs 1-a and 2 of Article 32 of Federal Law No. 9605/98 that defines crimes against the environment.

He stated that on the day of the incident, he asked his girlfriend to lock his dogs in the kennel while he was going to bathe.

The engineer mentioned that his girlfriend usually kept dogs at the kennel.

He said he heard his girlfriend screaming for help and thought it was a robbery or someone broke into his house, so he took his firearm and went out to check what was going on.

According to the account presented to the court, the engineer said that as soon as he went out into the backyard, he saw one of his dogs attacking his girlfriend.

He said he screamed at the dog and asked his girlfriend to stand still when he shot the dog.

The engineer claimed that he always treated his dogs well. He also claimed that his dogs never got ahead of his girlfriend.

The man also stated that dogs were inside the kennel at the time of the shooting.

He reported that he hid his firearm and immediately took his girlfriend to the hospital.

In his testimony to the court, the engineer declared that he had no intention of killing his dog.

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