Life imprisonment was requested on Wednesday November 9, 2022 before the Assizes of Lyon against Farès D., driver of a van who fatally mowed down police officer Franck Labois in 2020 in an attempt to escape.
“
I believe there is no doubt about the intention.
There was the desire to crush Franck Labois and to pass at all costs
, “said Advocate General Olivier Nagabbo, noting that the accused had not reported”
any remorse
“.
Like the civil parties, the Advocate General considered that "
the intention lasts throughout the acceleration
" of the van.
“
It is impossible that you did not understand that the one who was under your wheels was being dragged
,” echoed Me Jean-François Barre, lawyer for the policeman's family.
No trace of braking on the ground
Tried since Monday for murder of a person holding public authority in the exercise of his functions, the 24-year-old accused denied any desire to kill when he overthrew Franck Labois on the night of January 10 to 11, 2020. The police officer from the Operational Support Group (GAO) was then taking part in an operation aimed at arresting a team of criminals who had just stolen a load of washing powder in Isère.
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On the outskirts of Lyon, the Volkswagen van transporting the stolen goods found itself stuck by two vehicles and attempted a maneuver to free itself, hitting Franck Labois head-on, standing in his way, gun in hand.
There will be no trace of braking on the ground and the policeman, who was dragged several meters, will die three days later.
The investigation made it possible to go back to three men, including Farès D., finally arrested on January 16.
For the civil parties, the voluntary nature is beyond doubt.
"
If he doesn't, he thinks he's going to get shot
," asserts Me Laurent-Franck Liénard, who represents Franck Labois' colleagues.
The latter, facing the van, had drawn his weapon but did not fire.
"
Franck Labois loved life so much that it was impossible for him to kill
," said the lawyer.
"
A Runaway
"
In its argument, the defense protested against the required sentence: "
life is to kill all hope
", particularly for a man in his twenties, argued Me Julien Charle.
The defendant's lawyers, recalling that he immediately designated himself as the driver of the vehicle, insisted that he "
had no intention of hurting anyone, let alone killing anyone
", not thinking "
only to run away
".
“
Keep only certainties.
There is none in this file on the circumstances of the commission of the facts
, “argued Me Charle, while the lawyers for the policeman’s family described a man at the head of a “
determined
” team.
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Farès D's lawyers argued that "
no one can say exactly what the position of the vehicles and that of Mr. Labois was
".
A single constant in the statements of the accused: "
he is convinced that at this place, there and nowhere else, he can pass
", they pleaded.
"
He's not a murderer, he's a thief
"
With his colleague Me Marie Bariol, Me Charle asked the court to condemn the accused for "
willful violence having caused death without the intention to do
so ".
Previously, his relatives had described him as "
kind and calm
", but also "
influenceable
", at the mention of early delinquency: a dozen facts already condemned, plus a few judgments still awaited, in particular for the theft of the fatal night.
"
I don't condone what he did, but he's not a bad guy
," pleaded his mother.
"
He didn't want it to come to this, he told me
," she says.
"
He's not a murderer, he's a thief
," said one of his cousins, who came spontaneously to testify at the bar.
In the morning, the testimonies had ended with the intervention of the brother of the victim, who wished to address the accused, despite the emotion which knotted his throat.
“
I would like him to apologize to my mother
,” he said.
A few hours later, when he was speaking for the last time, the accused spoke "
to the family, to the brothers, to the mother
".
"
I sincerely apologize,
" he said simply.
The verdict is expected in the evening.
