The investigating magistrate of Arezzo Fabio Lombardo, has filed the charges against Fredy Pacini, the tire dealer from Monte San Savino (Arezzo) who on November 28, 2018 killed Vitalie Tonjoc Mircea, 29 years old, Moldovan, who entered his resale with other people. for the probable purpose of stealing.
The dismissal for Fredy Pacini had been requested by the Arezzo prosecutor Roberto Rossi.
"It is the end of a nightmare" the words of Pacini reported by his lawyer Alessandra Cheli.
"Good news every now and then", the comment of the leader of the League Matteo Salvini.
"My client - added the defender - is satisfied because, while understanding the seriousness of the affair, he considers it important that the judge understood how he, in this circumstance, could not do otherwise".
Pacini, who slept in his workshop after having already suffered thefts, attempted or successful, had been accused of culpable excess in self-defense.
The prosecutor had already asked for the dismissal, arguing that putative legitimate defense was occurring.
But last September the investigating judge had rejected it asking for an additional investigation at the end of which the prosecution considered that no new different elements had emerged.
The sister of the 29-year-old who died had opposed the dismissal of the proceedings.
Pacini acted "certainly in a rash and hasty way, culpably exceeding the limits of putative legitimate defense" but in the case in question the state of "serious disturbance deriving from the current dangerous situation" that the new law on legitimate defense has introduced as a cause can be configured of non-punishment.
Pacini declared that he was in a panic and did not even realize how many shots he had fired.
Thus the investigating magistrate of Arezzo in the dismissal of the proceedings against Fredy Pacini who on November 28 three years ago shot and killed a 29-year-old who had entered his workshop in the province of Arezzo where the accused slept after having suffered multiple thefts, attempted or successful.
For the judge "it is reasonable that Pacini could have foreseen that, shortly thereafter, he could have found himself in serious danger of his life and that we feared for his safety. In addition, the fact occurred in the middle of the night, in an isolated area and that the police, even if they had been immediately alerted by the alarm system, would not have been able to intervene on the spot for 15-20 minutes ".
For the investigating judge, moreover, "that Pacini may have really acted in a state of 'serious disturbance' can be inferred on the one hand from the high number of pistol shots fired in rapid succession and probably mechanically and on the other from the gesture, apparently irrational but concretely justified by the suspect with the need not to wake up his daughter and granddaughter, to deactivate the alarm in the imminence of the attack ".
