“Four minutes are very few to glimpse a danger to the life or physical safety of two people who were inside the elevator on a very hot afternoon, as usually happens in July in Rome, but only for a few minutes “. Thus the judge Massimo Di Lauro writes in the motivations of the sentence, arrived on 9 July last, to two years for manslaughter against Flavio Mezzanotte, the former employee Atac who, six years ago, had tried to save his mother and Marco, the 4-year-old boy, trapped inelevator of the Furio Camillo meter. That rescue attempt, of which even the magistrate recognizes the “altruistic” intent, ended in tragedy, with the death of the child, who fell from a height of twenty meters.
Furio Camillo died in the metro, the accusations
An intervention, that of Midnight, “hasty and not justified by urgencies deriving from entrapment”. The central point, around which the reconstruction of the judge develops, is that everything took place in just over ten minutes.
The judge retraces the last moments spent together, by the mother and her child, in a narrow space, after a day of shopping spent under the hot sun of the capital, on 9 July 2015. “In order to reach the car docks, the woman, shortly after 16.17, takes advantage of the lift placed at the service of users. At 16.18 he pressed the alarm button », reconstructs the magistrate.
Child dead in the elevator 2 years to the employee Atac
«At 16.20 Midnight, station operator, opened the call for help. Just four minutes later – it is evident in the reasons – at 16.24, Midnight went to the electronic bulletin board to collect the keys of the lift engine room where the emergency key is kept. And at 16.28 the emergency door opened to carry out the transfer of the lady with the child from one lift to another ». Then the moment of the tragedy: “About ten minutes had passed since the lady entered the elevator – underlines the sentence – Always at 16.28, Midnight first opened the emergency door inside the elevator and then opened the door from the outside to the inside. another lift. Then the child, in all tranquility, approached and fell ».
Child dead in the metro lift in Rome, the prosecutor: “2 years and 4 months of sentence for the Atac technician”
The woman, according to what the Monochromatic Court recognizes, had followed the instructions given to her at the time of the request for help and was aware that the technicians, competent to carry out that type of intervention, would be there in half an hour with a possible delay. And for that period of time before the transfer “the woman let the baby out of the stroller, gave him some water and waved him with some INPS documents”. The young mother, highlights the single judge: “She ruled out having ever reported physical problems of the child.” Therefore, the “urgency” of Midnight to intervene was not justified for the magistrate of first instance.
For the defense of the accused, in fact, the man had performed the duties he was accustomed to performing and had acted out of a state of necessity. And he had pointed the finger at the municipal company, which would not properly train the workers. A state of necessity that was not recognized by the judge because “man has seen fit to intervene without anything being able to mislead him about the actuality of the danger and its inevitability”. On 9 July, six years after the tragedy, the sentence for manslaughter was handed down. The judge then established for Mezzanotte, Atac and Assicurazioni di Roma the payment of a provisional payment of 200 thousand euros to the child’s mother, as many 200 thousand to the father and 40 thousand to the grandfather.
Dead child in the subway, vigilant in trouble: the little one fell in the elevator shaft to Furio Camillo