The Agrigento prosecutor’s office has ordered the release of the “AutoXPassione” dealership, the scene of the shooting, which culminated in the death of Roberto Di Falco, which took place on February 27th in Villaggio Moses. The request of the lawyer Salvatore Cusumano who represents the owner of the commercial activity, Lillo Zambuto, was accepted. The latter, an offended person together with his son, would have been the target of a real punitive expedition that ended in blood. There are three suspects: Angelo Di Falco, 39 years old, brother of the victim; Domenico Avanzato, 36 years old, and Calogero Zarbo, 40 years old (defended by lawyers Santo Lucia, Tony Ragusa and Giovanni Castronovo).
The Agrigento prosecutor’s office disputes the existence of the case of murder by mistake. A reconstruction which was fully accepted by the investigating judge Giuseppe Miceli but which was canceled by the Review. The Court of Freedom, although fully agreeing with the historical reconstruction of the events, considered the wording of the charge to be unsuitable. For the Prosecutor’s Office of Agrigento (investigation coordinated by the prosecutor Giovanni Di Leo and the deputy Gaspare Bentivegna) it was the victim himself who pulled the trigger after Zambuto, as declared by himself, had managed with a move learned during his military service to turn the barrel of the weapon towards his attacker. And it is precisely on this passage that the Review Court, as a matter of law, bases its assessments.
In particular, according to the judges, the three suspects cannot be accused of murder by mistake since it is a case that arises when “there is a divergence between what was intended and what was achieved depending on the so-called error-inability, i.e. a material error relating to the execution phase only”. The Review writes: “It is clear that there is no hypothesis of divergence between what was intended and what was achieved; the death event was caused by the conscious and voluntary action carried out by the intended victim (Zambuto) who, by moving the attacker’s arm, wanted to divert the direction of the weapon”. For the judges of the Court of Freedom, therefore, “It will be necessary to proceed with a breakdown of the criminal action with the consequent configurability of an attempted murder against the designated victim (Calogero Zambuto) and the crime of murder examined by the self-defense perpetrated by Zambuto to the detriment of Roberto Di Falco.”
