Prosecutors have just filed a motion with the Quebec Court of Appeal asking for the acquittal of Joshua Sarroino, who was accused of killing Éric Francis De Souza with a bullet in the head while he was sitting with 12 others, to be overturned People in a restaurant in the DIX30 district in Brossard, on May 10, 2019.
Posted at 5:02pm.
Sarroino, a 29-year-old Laval resident, was acquitted by a jury on June 11 of the first-degree murder of Éric Francis De Souza after two days of deliberation.
In her statement filed with the Court of Appeals, prosecutor Me Tian Meng wonders whether the trial judge erred in law when he informed the jury of the identification of the shooter and dismissed shadow evidence and the testimony of the victim’s ex-spouse in connection with Voir- Dire motions brought before the trial.
Photo filed in court
The victim Éric Francis De Souza, killed at the age of 24.
PHOTO ARCHIVE PRESS
Joshua Sarroino
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In the months following the 2020 killing of Eric Francis De Souza, police stalkers observed Sarroino several times, accompanied by at least two of the 12 people who were seated at the restaurant table on the day of the murder, and whose identities are protected by a publication ban.
Screen capture made from video and filed in court
This photo shows victim De Souza, top left, wearing the red number 1 and a white sweater. Shortly thereafter, on May 10, 2019, he was shot dead in front of all the witnesses.
The accused was also seen meeting a certain David Anthony Di Rienzo, who went to the hospital where Éric Francis De Souza was being transported on May 10, 2019.
In connection with these motions, which were discussed before the trial, a prosecutor had also announced that if she came as a witness, the victim’s ex-spouse would say that she and Éric Francis de Souza were dating Di Rienzo, some of the people sitting at the table and their past spouses, but those ties with them were severed and their spouse’s behavior changed around October 2018, following an attempted murder of Di Rienzo.
arm wrestling
For the prosecution, this evidence was relevant and supported the theory that Sarroino killed Éric Francis De Souza and that the discovery of a plastic bag containing a cartridge case and a firearm loaded with five bullets not far from the crime scene and bearing fingerprints and DNA of the Defendants were identified was no coincidence.
“In Spinnerei we don’t see the accused committing a crime and they aren’t portrayed in a bad light. This does not allow the conclusion of guilt based solely on bad character. I don’t see how this evidence could confuse the jury. “It will not compromise the fairness of the trial and the defendant will have an opportunity to respond to that evidence,” prosecutor Me Patrick Ostiguy told Supreme Court Justice Pierre Labrie during a pre-trial debate on a motion.
Photo filed in court
Joshua Sarroino and one of the men sit at the restaurant table on the day of the murder, filmed by Surete du Québec police officers in June 2020.
“It’s an invitation to speculate on a fact that isn’t necessarily related to the murder and isn’t contemporaneous with the events. This evidence will not help the jury and would be dangerous because it could lead to interpretations,” replied Sarroino’s attorney, Me Danièle Roy.
Judge Labrie agreed with Mr Roy, concluding that this evidence would generate speculation and that there was “a real risk of jury misuse of this evidence”.
In his sentencing, the judge also emphasized three times that the prosecution decided not to present evidence of motive at the trial.
Hair color
The trial revolved around the identification of the killer, whose face cannot be seen on the surveillance cameras at the restaurant and neighboring buildings.
In their appeal, prosecutors also dispute some of the instructions the judge gave to the jury before they began their deliberations.
“Despite the objection of the plaintiff [la poursuite], the trial judge inserted specific instructions about the defendant’s hair color in the section relating to the evidence identifying eyewitnesses. Among other things, the trial judge ordered the jury to acquit the defendant if they believed an eyewitness testimony that the shooter had blond hair,” Mr Meng wrote in his filing.
Last week, Sarroino was also found guilty of possession of two firearms and ammunition found at his home in 2020 and sentenced to 41 months in prison.
However, minus the preventive detention calculated at a time and a half – he had been detained since March 2021 – he had only one day left to serve and was released on the same day.
To reach Daniel Renaud, dial 514.285-7000, extension 4918, write to [email protected] or write to the La Presse mailing address.