Luke Fournié, a retrial in the appeal court in Toulouse to have shot down in the night of 14 December 2009, Jonathan, a high school student of 17 years, who was introduced by breaking into his bar-tobacco, has been sentenced to 10 years in prison.
Le retail outlet from the Tarn that had killed his young burglar in 2009 has been sentenced, Friday evening, to ten years in prison by the court of appeal of Toulouse. The advocate general, in its requisitions, he had ruled out self-defence, claiming “five years of imprisonment, not excluding the granting of the relief simple for a party, or even for the full sentence”.
Sentenced to seven years in prison in 2015, released a month after, the tobacconist Luke Fournié was, therefore, a retrial in Toulouse for having killed a rifle of hunting Jonathan, a high school student without a history of 17 years, which was introduced by ins in its bar-tabac in the small town of Lavaur (Tarn), in the night of December 14, 2009.
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“It is the chronicle of an announced death, all indicators were in the red for that this case ends with a tragedy, and this is precisely what happened”, has criticised the advocate general Jean-Marc Chazottes before the assizes of the Haute-Garonne.
Not self-defence “preventive”
Four days before the tragedy, the accused had discovered that the bars of his coffee, had been sawed. It was then picked up the rifle of his father, cartridges, and had installed an alarm system of fortune, after having alerted the gendarmes. He had also decided to sleep on the ground-floor and “make rounds”. Therefore, for the attorney general, “we cannot evoke the pre-emptive self defense”.
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“We know that Luke Fournié had four days to think, to reflect, to look back, to respond appropriately”, said the advocate general, stating that the accused had “prepared and anticipated a self-defence device that was neither necessary nor proportionate”. In the first instance, the prosecutor general’s office had implicitly asked for the acquittal, holding the qualification of self-defense, but had not been followed by the court of assizes of the Tarn.
“self-defense, it is both a regression and a threat”
Before the court of the Haute-Garonne, the advocate general had, however, asked the jurors to remember a sentence “proportionate, fair, equitable, and socially useful”, without asking “an example at the level of the sentence, because justice must not be fed by example”.
Video. Trial in an appeal of a retail outlet for the murder of a burglar
The civil parties had previously warned against the “disfigurement” of self-defence, and pleaded “against self-defense”. “We’re not advocating not against Luke Fournié”, launched Me Simon Cohen, a lawyer of the civil parties. “We advocate for self-defence to be dedicated as it is established, for it does not degenerate. We argue against self-defense, because we believe that it is both a regression and a hazard”. “It is very far from a situation of legitimate defence”, has abounded to Me Patrick Maisonneuve, lawyer of the civil parties.
The second burglar abroad
earlier Friday morning, the court had rejected the request for adjournment of the trial, made the previous day by the defence. Me Georges Catala, counsel to the accused, had pointed to the absence of Ugo, the second burglar, “an essential witness not to say” capital”, which is currently located in New Zealand. “However, the court will take no account of the declarations [past] from Ugo that could be unfavorable to the accused, except those, of course, confirmed by Luke Fournié,” said president Michel Huyette.
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