The driver who killed Marina Harkot has been sentenced to 13 years in prison for homicide and may appeal while free.
José Maria was held responsible for aggravated manslaughter with implied malice, as well as driving under the influence and failure to render aid.
247 - Driver José Maria da Costa Júnior was sentenced by the court to 13 years in prison for the hit-and-run death of cyclist Marina Harkot in 2020 in the city of São Paulo. The trial took place at the Barra Funda Criminal Forum, in the West Zone of the capital, and ended in the early hours of Friday (24), with the reading of the sentence by Judge Isadora Botti Beraldo Moro. The information is from the G1 portal.
José Maria was found guilty of aggravated homicide with implied malice, as well as driving under the influence and failure to render aid. The majority of the seven jurors considered that he assumed the risk of killing someone by driving while intoxicated and at high speed, in addition to fleeing the scene without providing assistance to the victim. He was sentenced to 12 years in prison in a closed regime for the homicide, and an additional six months of detention in an open regime for each of the other two offenses.
Despite the conviction, the businessman, who responded to the proceedings while free, will be able to appeal the decision without being imprisoned.
The judgement
The hearing began on Thursday morning (23) and included the testimony of seven witnesses before the defendant's interrogation. During the trial, the judge, the Public Prosecutor's Office (MP), the defense and the jurors asked questions of the accused. The final decision was taken by vote, with the majority of jurors agreeing that José Maria committed the three crimes charged.
Marina Harkot was a researcher and activist in urban mobility, known for her work promoting the safe use of bicycles as a means of transportation. Her death caused an outpouring of grief and spurred campaigns for greater road safety for cyclists and pedestrians.
Family reaction
Maria Claudia Kohler, the victim's mother, spoke to journalists after the trial and emphasized the importance of the conviction, even considering the low sentence: “We endured a very heavy, very painful, very strong wave. And we can consider ourselves victorious and very grateful. I consider it a victory. Thirteen years [in prison] is a low number, but the battle continues. We really want this case to be significant.”
"The sentences handed down were minimum sentences. The Public Prosecutor's Office will likely appeal the sentence, and also argue against him [the defendant] continuing to respond while free," lawyer Priscila Pamela Santos, who acted as assistant to the prosecution, defending the interests of Marina's family, told the press after the jury trial. The prosecution had sought the maximum sentence of 20 years.
