Fernando Sastre de Andrade Filho returned to Penitentiary II of Potim this Friday (30). He was sentenced to 17 years, 1 month and 10 days in prison.
The court decision took place on Thursday (29). The accident with the Porsche at 136 km/h happened on March 31, 2024.
During the trial, the defendant admitted to drinking alcohol: "I do admit that, on the day of the incident, I drank alcohol."
Businessman Fernando Sastre de Andrade Filho returned this Friday morning (30) to Penitentiary II of Potim, in the interior of São Paulo.
The information was confirmed by the Penitentiary Administration Secretariat (SAP) to g1. The ministry reported that the businessman will serve his sentence in prison after being sentenced to 17 years, one month and 10 days in prison for the death of app driver Ornaldo da Silva Viana, aged 52.
The conviction was determined by the São Paulo Court this Thursday (29), after two days of trial at the Jury Court, at the Barra Funda Criminal Forum, in the capital of São Paulo.
In addition to the prison sentence, the court ruled that Fernando was disqualified from driving motor vehicles. The entrepreneur will not be able to appeal freely.
The accident happened in the early hours of March 31, 2024, on Avenida Salim Farah Maluf, in Tatuapé, in the East Zone of São Paulo.
On that occasion, the Porsche driven by Fernando crashed into the back of a Renault Sandero driven by Ornaldo da Silva Viana, who died as a result of his injuries.
According to forensics, the Porsche was traveling at around 136 km/h at the time of impact, on a stretch of the avenue where the speed limit was 50 km/h.
According to the indictment, Fernando had consumed alcohol before driving. During the trial, on Thursday (29), the businessman admitted for the first time to having drunk alcohol that night. Until then, he denied having drunk before taking over the wheel.
A friend of Fernando's, who was in the passenger seat of the Porsche, was also injured in the accident.
The trial began on Wednesday (28) and ended on Thursday (29). In total, 14 witnesses were called in the process, of which 11 were heard during the two days of the trial.
Among them were people who reported Fernando drinking alcohol before the accident. The friend who was in the Porsche also confirmed that the businessman had been drinking.
During the interrogation, Fernando cried and asked the victims and their families for forgiveness. He stated that he never intended to cause the accident and said he suffered from what happened.
"I do confess that, on the day of the incident, I drank alcohol," declared the businessman during the trial.
The defense disputed the accusations. Lawyer Jonas Marzagão stated that Fernando remained at the scene of the accident until he was released by the authorities and claimed that the businessman did not perform the breathalyzer test because the police did not have the equipment available at that time.
Another point discussed during the trial was Fernando's departure from the scene of the collision without taking a breathalyzer test.
Military police officer Daisy Aparecida Cardoso Romão, who responded to the incident, stated in her statement that the businessman's mother said she would take her son to the hospital because of a small nose bleed. According to the police officer, however, the two went home, and not to a health unit.
Daisy stated that she authorized the departure because she believed that Fernando would receive medical attention. She also stated that the vehicle did not have a device to perform a breathalyzer test at that time.
The Public Prosecutor's Office questioned the actions of the police officers during the incident. The agents who released Fernando became defendants in military justice.
During the trial, lawyer Jonas Marzagão stated that Fernando is the only driver involved in a fatal accident who remains imprisoned in São Paulo in a similar case.
The defense also argued that the businessman did not leave the place on his own initiative, but left after being released by the authorities.
Fernando, in turn, stated during the interrogation that he never wanted to cause the accident and asked for forgiveness from the victims' families.
Despite the arguments presented by the defense, the jurors recognized the criminal responsibility of the businessman, who was sentenced to 17 years, one month and 10 days in prison, initially in a closed regime.
