Another round of unrepeatable investigations ordered by the Agrigento prosecutor’s office as part of the investigation into the shooting that took place last February 27 in the forecourt of the “AutoXPassione” dealership in Villaggio Moses in which Roberto Di Falco, a thirty-seven year old from Palma di Montechiaro, lost his life. Yesterday, in the forensic genetics laboratory in Palermo, biological tests were carried out on 12 swabs used for the sampling of alleged blood substances seized at the crime scene. Further investigations, as ordered by the prosecutor Giovanni Di Leo and the deputy Gaspare Bentivegna, are scheduled for Monday 27 May.
In this case, it involves forensic genetic tests and gunshot residue. In addition to the consultants, the defense lawyers (Santo Lucia, Tony Ragusa and Giovanni Castronovo) and the injured party’s lawyers (Salvatore Cusumano) will take part in the operations. There are three suspects: Roberto Di Falco, 37 years old, who lost his life following the shooting; Angelo Di Falco, 39 years old, brother of the victim; Domenico Avanzato, 36 years old, and Calogero Zarbo, 40 years old. The Agrigento prosecutor’s office has accused everyone of a particular type of murder, that of murder by mistake. A reconstruction which was fully shared by the investigating judge of the Agrigento court, Giuseppe Miceli, but which was annulled by the review court. The Court of Freedom, while agreeing with the historical reconstruction of the events, considered the wording of the charge to be unsuitable. 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”.
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.” The facts are known. Last February 27, four people from Palma carried out what investigators believe was a punitive expedition against Lillo Zambuto, owner of the “AutoXPassione” dealership in Villaggio Mose. The basis of the “punishment” given to the car dealer, who was attacked in the dealership forecourt, was the payment for a car with a check which later turned out to be bounced. During those excited moments, filmed largely by cameras, a gun is pulled out from which a shot is fired which mortally wounds Roberto Di Falco himself.
