Confessed murderers of councilor Marielle Franco and driver Anderson Gomes, former military police officers Ronnie Lessa and Élcio de Queiroz were convicted this Thursday (31), by the 4th Jury Court of Rio de Janeiro. Ronnie Lessa was sentenced to 78 years, 9 months and 30 days. Élcio, 59 years, 8 months and 10 days.
The jury found that they were guilty of three crimes: double, triple murder (a nasty motive, ambush and a resource that made the victim’s defense difficult), attempted murder against Fernanda Chaves (Marielle’s advisor) and reception of the vehicle used in the crime. Marielle and Anderson were murdered on March 14, 2018.
The two defendants were also ordered to pay a pension to Anderson’s son, Arthur, until he turned 24. And pay, together, R$706 thousand in compensation for moral damage to each of the victims: Arthur, Ághata, Luyara, Mônica and Marinete.
In sentence readingjudge Lúcia Glioche highlighted that no conviction would serve to reassure families, but it was an important response to the prospect of impunity for criminals.
“Justice is sometimes slow, it is blind, it is stupid, it is unfair, it is wrong, it is crooked. But it arrives. Even for accused people who think they will never be harmed. Justice reaches the guilty and takes away their most important asset, after life, which is freedom”, said the judge.
Ronnie and Élcio have been in prison since March 12, 2019. They reached a plea bargain. Those accused of being the masterminds of the crimes are the brothers Chiquinho and Domingos Brazão, respectively, counselor at the State Court of Auditors (TCE-RJ) and federal deputy. Delegate Rivaldo Barbosa, head of the Rio de Janeiro Civil Police at the time of the crime, is accused of having hampered the investigations. The three have been in prison since March 24 of this year.
Because of the forum, there is a parallel process in the Federal Supreme Court (STF) that judges the Brazão brothers and delegate Rivaldo Barbosa. Also defendants in the case are former military police officer Robson Calixto, former advisor to Domingos Brazão, who allegedly helped get rid of the murder weapon, and Major Ronald Paulo Alves Pereira, who allegedly monitored Marielle’s routine.
The motivation for Marielle Franco’s murder, according to investigators, involves land issues and militia groups. There was disagreement between Marielle and the political group of then councilor Chiquinho Brazão over Bill (PL) 174/2016, which sought to formalize a condominium in the West Zone of the capital of Rio de Janeiro.
Second day of trial
Before the decision, the prosecutors and the defendants’ lawyers gave oral arguments to the jury.
Prosecutors argued that Ronnie and Élcio killed Marielle for money and that they also wanted to murder Anderson and Fernanda Chaves so as not to leave witnesses. They maintained that Élcio, driver of the car used in the crime, was equally responsible for the murders as Ronnie, who fired the shots. According to prosecutors, both knew that Marielle’s death had been ordered because she was a councilor and because of her political causes.
>> See here trial images
The Public Ministry of Rio de Janeiro (MPRJ) said that they did not regret it and only closed a plea bargain because they knew they would be convicted. And the conviction of the two was not requested just because of the accusation, but because there is overwhelming evidence against them.
In the presentation, the MPRJ showed that Ronnie Lessa began preparing himself the previous year, when searching for the weapon used in the crime, how to not have his movement tracked and Marielle’s life. According to investigations, Élcio would also have carried out searches on politicians allied with the councilor.
Prosecutors said that despite the plea agreement, they will spend a lot of time in jail. Public defender Daniele Silva, who acted as a prosecution assistant, highlighted the racial side of the crime, since Marielle was a black woman who disturbed and “messed with the structures”. The MPRJ highlighted that, despite the jury being made up of seven white men, and not having any black women, it was enough for the juror to be a “person with values within themselves”.
Defenses
Ronnie Lessa’s defense said that, without his client’s confession and collaboration, it would be difficult to convict him based on other evidence alone. According to lawyer Saulo Carvalho, he collaborated because he wanted to and not because he felt “trapped”. He asked for his client’s conviction, “but that it be fair, within the limits of his culpability”, denying the qualification of foul motive and political reasons. Nor is it that the crime was a murder that made it difficult for the victims to defend themselves, despite recognizing that it was an ambush. Furthermore, he said that Lessa’s intention was only to kill the councilor and not other passengers in her car.
Élcio Queiroz’s defense also asked for a conviction within the limits of culpability and said that he participated in the crime, but did not know Marielle nor had any reason to kill her. Lawyer Ana Paula Cordeiro stated that Élcio participated in an ambush, but that the victim’s defense was not hampered. Furthermore, Élcio did not know that Lessa would kill Anderson or that he would hit Fernanda, because he believed that his partner was an “excellent shooter”.
In the afternoon, the Public Prosecutor’s Office made use of the right to reply and reinforced the arguments for the defendants’ conviction for around two hours. Ronnie and Élcio’s defense was entitled to a rejoinder and used around 10 minutes of the two hours to which they were entitled.