The prosecution has just filed a notice before the Quebec Court of Appeal asking it to overturn the acquittal of Joshua Sarroino, who had been accused of having killed Éric Francis De Souza with a bullet to the head, while that the latter was seated with 12 other individuals in a restaurant in Quartier DIX30 in Brossard, on May 10, 2019.
Sarroino, a 29-year-old Laval resident, was acquitted of the first degree murder of Éric Francis De Souza by a jury on June 11, after two days of deliberation.
In her opinion filed with the Court of Appeal, the prosecutor, Ms.e Tian Meng, questions whether the trial judge erred in law when instructing the jurors on the identification of the shooter, and in dismissing evidence of tailing and the testimony of the victim’s ex-spouse in connection of voir dire motions argued before trial.
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PHOTO FILED IN COURT
The victim Éric Francis De Souza, killed at the age of 24.
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PHOTO ARCHIVES PRESS
Joshua Sarroino
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In the months following the murder of Eric Francis De Souza in 2020, police stalkers observed Sarroino on a few occasions in the company of at least two of the 12 individuals seated at the restaurant table on the day of the murder and whose identity is protected by a publication ban.
SCREEN CAPTURE TAKEN FROM A VIDEO AND FILED IN COURT
This photo shows victim De Souza, top left, with the red number 1 and a white sweater. He was shot shortly thereafter in front of all table witnesses on May 10, 2019.
The accused was also seen meeting a certain David Anthony Di Rienzo, who went to the hospital where Éric Francis De Souza was transported on May 10, 2019.
Also in the context of these motions debated before trial, a prosecutor had also announced that if she came to testify, the victim’s ex-spouse would say that she and Éric Francis de Souza were dating Di Rienzo, some of the individuals seated around the table and their spouses in the past, but that ties with them were severed and her spouse’s behavior changed around October 2018, after 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, not far from the scene of the crime, of a plastic bag containing a shell casing and a firearm loaded with five bullets, and on which the defendant’s fingerprints and DNA were identified, was no coincidence.
“On the spinning mill, we do not see the accused committing a crime and he is not shown in a bad light. This does not support an inference of guilt based on bad character alone. I don’t see how this evidence could confuse the jury. It does not compromise the fairness of the trial and the accused will have the opportunity to respond to this evidence,” said prosecutor M.e Patrick Ostiguy to Judge Pierre Labrie of the Superior Court during a debate on a motion that took place before the trial.
PHOTO FILED IN COURT
Joshua Sarroino and one of the men sitting at the restaurant table on the day of the murder, filmed by Sûreté du Québec police officers in June 2020.
“It is an invitation to speculate on a fact which is not necessarily linked to the murder and which is not contemporaneous with the events. This evidence will not help the jury and it would be dangerous, because it could make interpretations, “replied Sarroino’s lawyer, Ms.e Daniele Roy.
Judge Labrie agreed with Mr.e Roy concluding that this evidence would generate speculation and that there would be “a real danger of misuse of this evidence by the jury”.
In rendering his judgment, the magistrate also underlined three times that the prosecution chose not to provide evidence of motive at trial.
Hair colour
The trial was played on the identification of the killer whose face cannot be seen on the surveillance cameras of the restaurant and the neighboring buildings.
In its notice of appeal, the prosecution also contests part of the instructions given by the judge to the jurors before they begin their deliberations.
“Despite appellant’s objection [la poursuite], the trial judge included certain instructions regarding the respondent’s hair color in the section relating to eyewitness identification evidence. Among other things, the trial judge ordered the jury to acquit the respondent if they believed the testimony of an eyewitness that the shooter had blond hair,” Ms.e Meng in his request.
Last week, Sarroino was also found guilty of possession of two firearms and ammunition found in his home in 2020, and sentenced to 41 months in prison.
But by subtracting the preventive detention calculated in time and a half – he had been detained since March 2021 – he only had one day left to serve and he was released the same day.
To reach Daniel Renaud, dial 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of La Presse.