Nour Amdouni, the young man who hit and killed 11-year-old Mohanad Moubarak on the evening of August 9, while he was playing on a bike via Bartolini in Milan, was arrested for road murder and flight for failing to help. The 20-year-old, immediately investigated, was driving without a license (never obtained), and in the investigation papers it emerges the use of drugs. Not only that: his Smart was traveling at a speed of at least 90 kilometers per hour (almost double the limit) and he drove with his left leg in plaster. Data that led the investigating judge of Milan Fiammetta Modica to accept the request for a precautionary measure in prison advanced by the prosecutor Rosario Ferracane. Amdouni, known for “numerous and recent judicial precedents”, crossed piazza Firenze shortly after midnight on 9 August, passed the traffic lights in viale Monte Ceneri and collided with the bike on which the child was playing, not far from the restaurant of the father. A devastating impact that knocked Mohanad over 20 meters from the bike and killed him instantly. No signs of braking, no slowing down and an escape “without some hesitation”. The investigations of the local police, coordinated by the prosecutor Rosario Ferracane, made it possible to find “stringent and concordant” elements to deny the 20-year-old who turned himself in (about three and a half hours after the accident) to the traffic police, trying, however, to place the blame to the victim. An admission of responsibility that for the prosecution is not a “concrete sign of resipiscence, but is clearly the result of a precise opportunistic and strategic calculation”, aimed at avoiding arrest. A thesis shared by the judge who underlines how Mohanad did not commit recklessness. The progress of the child “appears normal, without sudden maneuvers or a sustained speed” as shown by the frames of the cameras, writes the investigating judge in the order. The last moments are those of “a carefree kid who was wandering around in a well-known place on a summer night”. For the judge, “the lack of clarity and quick reflexes deriving from drug use, together with imprudent driving behavior certainly influenced the ability to spot the obstacle even before the ability to implement a possible maneuver of emergency”. Amdouni has “amply demonstrated that it has no capacity for containment and self-control, it being reasonable and logical to assume that the same – totally devoid of humanity and mercy on the occasion of the accident – can easily violate any more acceptable measure of house arrest and, also driving other vehicles (which he demonstrates to have the ability to easily dispose of despite not having a driving license), committing other crimes “of the same type. He acted with “full awareness” and, as regards the escape, “with a reprehensible and contemptuous demeanor towards human life”. After escaping, he acted in an attempt “to guarantee impunity”, first abandoning the car not far from the crash site, “then going by taxi to the accident site to understand what had happened, trying to find news from the web , contacting a lawyer for a consultation “. The judge noted the “alarming coldness and lucidity demonstrated on the occasion of the violent impact with the victim” which highlight “the high social danger of the suspect and the unequivocal inability to control himself. It is therefore necessary to put a barrier to protect the collectivity, for the concrete purpose of preventing the recurrence of criminal conduct of the same type “. The only possible measure is prison.
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