A difficult case came to the hearing for immediate appearances, this Thursday, March 28. Distressing because of the soil that gave birth to it: terrible relations between certain traders on rue aux Fèvres in Chalon.
Warrant of deposition at the bar (required by the prosecutor), versus acquittals (pleaded by the defense): the big difference also colors the painful aspect. Rather simple facts but discordant testimonies… The super aggravating factor is found in the defendant's criminal situation: he is a repeat offender and he was in custody on the day of the events since he was finishing a prison sentence. under electronic bracelet.
The facts, basically
The new defendant has arrived since he is only 18 years old, he was born in mid-June in 2005… He has a dispute with a man who runs a shop on rue aux Fèvres, while the young man's parents do the same in the bottom of the street. In short, on January 18, the boy walked past the other who was smoking a cigarette on the doorstep of another store. Frankly we don't really know what happened, it seems that it was the future victim who verbally attacked the first. According to a witness, he told the young man: “The next time you spit on me (start of the dispute last summer), I'll fuck you, you're dead. » The man replies: “That's not my vocabulary. Month it's more: I'm going to fuck you. ” Atmosphere.
Atmosphere and level
Still, the second one ended up taking out a knife. Blade not deployed, he said, blade deployed, a witness said. This point is like what the surveillance cameras showed: blurry. The police, called for an attack in progress, arrested the suspect in Passage Marcilly, immediately.
He insulted the other shopkeeper who was chatting with the victim. For what ? “It's her, as I was walking away, she told me that I had lost my c…, so I said 'Big p…'. » Atmosphere and level.
Deleterious atmosphere between adults, why does the son get involved?
This blunder required additional information during the first hearing, on January 22 – after which the defendant was placed under judicial supervision -, but it produced nothing decisive. On the other hand, what the victim said on the stand testifies to a rather rotten atmosphere and pre-complaints to be finalized, etc. And this does not concern the young man but his father.
And then the situation of the accused worries the magistrates. Record opened in 2022, juvenile jurisdiction, several convictions, a stint in a closed educational center, and while he was serving a sentence under an electronic bracelet (measure punctuated by alerts and police checks outside authorized release times ), this new act committed under these conditions alerts the court.
Under nut…. “The least we could do was keep a low profile”
“I shouldn’t have taken out the knife,” the young man concedes.
– You shouldn't even have had it on you”, corrects President Milvia Barbut who later during the hearing summarizes the configuration: “That day you would have done better to go your way and you pulled out the knife, and you wore an electronic bracelet: the least you could do was keep a low profile. »
Deposit warrant / acquittals
This is why the prosecutor requires a sentence of 12 months in prison with a committal warrant (in this case, an escort of police officers comes to court and as soon as the sentence is pronounced, handcuffs the convicted person and takes him to the penitentiary center: for someone who appears free, it's not nothing, editor's note).
The vague outlines of the facts, to the extent that everyone visibly engaged in verbal aggression, pushes the defense to plead for two acquittals. “For carrying a weapon, it's ok, but for violence with the threat of a weapon without ITT, you cannot convict because there was no attack on the gentleman's integrity, nor physical, nor psychological, he does not complain of having been shocked and has no ITT days, explains Master Peleija who cites the hearings of the witnesses.
Positive point: professional training
Mrs. X said that Mr. (the victim) said: “Come!” Come ! » to the gentleman (the accused) who did not make contact. “It is the gentleman (the victim) who initiates the hostilities, he recognized him on the stand. » ¨On the death threats: “In any case, if Mr. (the accused) said 'I'm going to screw you', he didn't say it twice, so it's not repeated, so I ask that he is relaxed. »
The positive point: forced by judicial control, the young man is finally in professional training, with a permanent contract in sight. His lawyer produces the supporting documents.
12 months firm, convertible under conditions
The court reclassifies the facts by retaining the violence and the threat of a weapon, removes the question of ITT days, declares the defendant guilty and sentences him to 12 months in prison. The court does not issue a committal warrant but does not adjust the sentence ab initio.
Additional penalties: ban on residence on rue aux Fèvres for 2 years, ban on any contact with the civil party as well as with his daughter for 2 years, ban on carrying a weapon for 5 years. He will have to compensate the civil party for his moral damage.
Make choices that keep him away from delinquency, otherwise… splash
The president explains to the young convict: “We believe it is time for you to grow up, and it is time for you to make choices that will keep you away from delinquency. You will see the sentence enforcement judge and you will plead your case, but if you are unpleasantly heard about yourself again, know that the public prosecutor can bring back the 12 months in prison. »
An assessor looks at the boy: “We’re coming to get you, and poof! » To illustrate with what simplicity this can happen to him: an offense, a new fact? Plouf: in prison, straight away.
FSA