Doctor sentenced to 3 years in prison for death of greengrocer

The decision was made by judge Moacir Rogério Tortato, from the 10th Criminal Court of Cuiabá, and was published this Wednesday (5). In addition to the sentence, the doctor was banned from obtaining a driving permit for a period of four months and 20 days.

The collision occurred on the night of April 14, 2018, around 7:30 pm, on Avenida Miguel Sutil, in front of a bank branch in the Cidade Verde neighborhood. At the time, Letícia was returning from an open bar party accompanied by her husband.

In the complaint, the State Public Prosecutor's Office (MPE) maintained that the doctor was driving the vehicle with altered psychomotor capacity due to alcohol intake and at a speed incompatible with the road, reaching 101 km/h.

With the impact, Francisco was thrown several meters, hitting a concrete pole and a tree on the banks of the avenue. After the accident, according to the accusation, Letícia left the scene without providing assistance to the victim.

In the sentence, the judge stated that there is sufficient evidence to prove the authorship and materiality of the crime of culpable homicide, when there is no intention to kill, while driving a motor vehicle.

Among the elements analyzed are the police report, expert reports, images from security cameras, witness statements and the interrogation of the doctor herself, who confirmed that she was the driver of the vehicle.

The judge also concluded that the evidence shows that Letícia was driving under the influence of alcohol and at a speed exceeding the permitted speed.

“The body of evidence is sufficient to indicate that the accused was driving a motor vehicle under the influence of alcohol and at a speed exceeding that permitted for the road, circumstances that demonstrate reckless conduct capable of contributing to the result consistent with the victim’s death,” he highlighted.

The defense claimed that Francisco was crossing the avenue in an inappropriate place, which would break the causal link between the doctor's conduct and the collision.

The magistrate recognized that the victim was outside the pedestrian crossing, but rejected the defensive thesis. According to him, the reports and images show that Francisco was walking to leave the runway and did not make any sudden movement that would justify the accident.

“The videos and oral evidence reveal that all the movement carried out by the victim was aimed at moving away from the traffic lane, with no objective element that indicates a sudden return or abrupt movement towards the traffic lane.”

In the decision, the judge also highlighted the violence of the impact, compatible with the high speed of the vehicle, and the doctor's failure to provide assistance, stating that it was “her legal duty” to remain at the scene until the victim was rescued.

"The evidence produced demonstrates that the accused was fully capable of realizing the accident had occurred. Given this context, it was her legal duty to remain at the scene, call the emergency services and await the arrival of the authorities, measures that she deliberately failed to take."

Despite the conviction, the judge authorized the Public Prosecutor's Office and the defense to resume possible negotiations to conclude a Criminal Non-Prosecution Agreement (ANPP), as long as the request is formalized before the sentence becomes final.