The Military Police indicted for culpable homicide — when there is no intention to kill — the PM corporal who fired the “bean bag” type ammunition, which hit and killed São Paulo fan Rafael Garcia, aged 32, on the 24th of September 2023.
According to the investigation, a confrontation between police and fans was taking place outside the Morumbi stadium at the time of the death.
Rafael was celebrating the Copa do Brasil title with other fans when he was hit. He was hearing impaired and was a member of the disabled people’s wing of the “Independente” fan organization.
“Bean bags” are bullets with less offensive potential adopted by security forces to gradually replace rubber bullets, in situations involving the dispersal of riots or containment of crowds. São Paulo was the first Brazilian state to adopt weapons, for exclusive use by the police.
At the time of the incident, the São Paulo Public Security Secretariat (SSP) confirmed that this type of projectile was used in the crowd of fans in which Rafael was.
A Civil Police investigation at the scene confirmed that three or four other ammunition of the type that hit the victim were found, according to the director of the Department of Homicide and Personal Protection (DHPP), delegate Ivalda Aleixo. The delegate also stated that Rafael “was the target of a straight shot, which did not deviate in any way, and was very close”.
Military Police protocol establishes that a bullet must be fired from a minimum distance of six meters, to avoid major damage.
Even after the incident, the Military Police stated that they would not stop using “bean bag” ammunition in São Paulo.
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