"Stefano Cucchi, living until the evening of October 15, 2009, in a condition of substantial well-being, if he hadn't suffered a traumatic event". This is what the judges of the Assize Court of Rome write in the motivations of the sentence with which they sentenced two carabinieri to 12 years for the beating, it is Alessio Di Bernardo and Raffaele D'Alessandro accused of murder pre-painting, and Marshal Roberto Mandolini and Francesco Tedesco, both for forgery.
By traumatic event, the court indicates a "harmful action inflicted by someone", an action that generated "multiple and serious injuries, with the establishment of ascertained pathologies that led to his hospitalization and from there to that progressive aggravation of his conditions that led him to death. " "A causal chain - affirms the court - which therefore starts from an obviously blatant illicit action that constituted the first cause of a pathological evolution that was ultimately lethal ".
For the judges it is a "scheme that, thus, perfectly corresponds to the regulatory provision on the subject of randomness between illegal conduct and event and which, on the other hand, makes clear the difference between mere biological causality, according to which none of the individual injuries suffered by Cucchi would have been suitable to cause death, and the criminal legal causality, in respect of which the causal link exists if those injuries, consequence of criminal conduct, were such as to trigger a series of events ended with death, as occurred in the present case ".
Stefano Cucchi's death was " originated from the lesion in S4 such as to cause a lethal arrhythmia ". However, the "inconsistency of the thesis of death by Sudep (sudden death from epilepsy from patients in good health) has been noted , a mere hypothesis not supported, indeed denied, by any clinical evidence ".
"It is indisputable that the reaction held by Raffaele D'Alessandro and Alessio Di Bernardo was unlawful and unjustifiable . A violent action during the course of the school service, on the one hand making a distorted use of the powers of coercion inherent in their service , in other respects violating the duty to protect the physical safety of the person subject to their control ".
The judges of the Court of Assize also note that "the incident took place in a barracks room where no stranger could notice what was happening, in the middle of the night to the detriment of a decidedly petite person and much less performing physical compressions than that of the two soldiers ".
