Magherini case, Cassation: "The carabineers were acquitted because they could not predict his death"

the carabinieri the immobilized one Riccardo Magherini in the center of Florence they could not predict his death because "they had no specific skills as regards "the arrest of persons who were in his state, that is to say" in an excitable delirium " "Cocaine poisoning". So the Supreme Court explains why, less than two weeks ago, he acquitted the three soldiers of the Armed Forces against the death of the former footballer, who died on the street in the Tuscan capital of March 3, 2014 for cardiac arrest after being handcuffed and prone by Stefano Castellano, Agostino Della Porta and Vincenzo Corni. In their action, says ermellini, "we record" a "only violent act not justified ", both kicking sferratigli de Corni while he was already on land and "contained" by the four riflemen.

At first instance, the July 13, 2016, the three had been convicted for culpable homicide at 7 months of imprisonment each. A fourth carabiniere had been acquitted, Davide Ascenzi, and the operators of 118 – Claudia Matta, Janeta Mitea and Maurizio Perini – arrived to badist Magherini who was lying rantolante and alerted by the carabineers who had requested aambulance with a doctor to calm the old player that they thought dangerous. Later, the Court of Appeal Florentine, the October 19, 2017, confirmed the convictions and partially accepted the complaint of the civil parties, raised the compensation for the victim's family, including the grandson.

According to Supreme Court justices, the carabinieri – to avoid the death of the victim while sitting so that he could breathe better – "should have looked forward and planned concretely bad consequences for the human body that only the scientific knowledge entered the process in depth medical reports he then took notes. "But this type of" prediction ", we read in the motivations," was not to be paid "by the army that intervened" in this limited period during the which theomissive charge and in which they found themselves operating. "

Magherini was immobilized for thirteen minutes from 1.31 to 1.44, when he stopped breathing. Based on the many witnesses people present who filmed the handcuffs scene, the former footballer also said "I die" but nobody paid him any attention thinking that he was one of his own "delusional statements ". Only ten days later, the March 13, 2014, emphasizes Casaszione, the new came into force circular of the weapon that banned the "Extended fixed badets". The "overthrow" of November 15 provoked the reaction of Amnesty International, the three soldiers having been sentenced to the first and second degrees while the Magherini family will resort to the Strasbourg Court and we left Fund raising support this initiative.

The convocations also exclude the "similarities" between the death of Federico Aldrovandi, died a Ferrara September 25, 2005 after being arrested and stopped in the street by police officers and the death of Magherini. The only one, according to the Supreme Court, is that "even on this occasion, police representatives were forced to intervene on the road, as unfortunately happens more and more in our cities, because a young man surrendered explosion under the effect of sincredible obstacles ".

In Ferrara, however, police action "has developed with violent mode " because Aldrovandi "came physically badaulted of the four police officers, who beat repeatedly with the use of batons and kick. "The boy, crushed to the ground, concludes the Supreme Court," the four agents continued to rage sull "Aldrovandi who fought: one hit him hard of clubs, two others have retained mashed, while a quarter continued to beat him ".