Two Algerians under OQTF sentenced in Cahors for violence and stabbings

Two Algerians under OQTF sentenced in Cahors for violence and stabbings
Two Algerians under OQTF sentenced in Cahors for violence and stabbings

Par

Jean-Claude Bonnemère

Published on

Nov 6, 2024 at 7:37 p.m.
; updated Nov 6, 2024 at 7:42 p.m.

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Thursday October 31, 2024, shortly before 3 p.m., two young men, aged 18 (S. and H.), twins of Algerian nationalitywere presented before the Cahors criminal court as part of the so-called “immediate appearance” procedure. H. is assisted by Me Amélie Tintilliet and S. by Me Luc Mazars. An Arabic interpreter ensures communication for the audience.

Stabbings in the heart of Cahors

Three days earlier, the two defendants apprehended by the Cahors national police following acts of aggravated violence were placed in detention. The two brothers were identified as the perpetrators of the violence committed against two minor boys and a girl, the severity of which varied between spitting and stabbing causing two days of ITT for one of the victims.

President Olivier Bataillé presents the facts. These took place on Monday October 28, at 5:50 p.m., at the top of Boulevard Gambetta, at the “Agora” Kébab.

When they arrived on the scene, the police noticed that two young people were bleeding. They were transported to hospital by firefighters. For their part, the twins who returned home after the altercation also went to the hospital where they would be picked up on exit by the police.

A priori, the initial difference would be romantic, which is far from being assured, given the divergent versions, including from the twins. “Officially”, at the sight of his former girlfriend with another boy (what S. had told the police while before the judges he maintained that he did not know the young woman), he spat on her. The young girl's friend then took her defense by explaining to S. that you should not hit a girl. S. allegedly returned home and called his twin brother for backup. And both return to the Kebab, one with a helmet and the other with a knife, “to resolve the problem” says one of the defendants. What problem?

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The main victim, a certain P. (the young woman's friend) told investigators that the twins tried to stab him. Did one of the brothers stab you and the other hit you with a helmet? Once again, the versions differ. The president notes that clashes between the two groups will continue at the hospital, then in front of the police station. The friends of the young girl and her friend are threatening towards the twins. These facts could give rise to a new procedure…

A spit that starts war

To questions from President Bataillé, S. replied:

– “I spat on the girl but then the one who was with her spat on me, I then called my brother…” This exchange of spitting would have been accompanied by invectives and insults, before come to blows!

– “Why did you call your brother and why did you come back to the scene?” » asks the president.

– “To solve the problem, because P. hit me behind the ear,” S replies.

This second episode would have generated an escalation of violence. Wounds are noted on both sides, without their origin being clearly established. Faced with the discrepancies in the versions noted by the president, we no longer know exactly who carried out the stabbing(s).

“I didn't give the police the right version, because they scared me! » S. tries to explain without any further argument.

As for H., employed at McDonald's, as soon as his brother called for help, he left his workstation to help him. The president asks him what his motivation was.

“My brother told me he had been hit and I went to find him to sort it out!” » says H. He adds: “I just wanted to talk to these people, to stop things! » He maintains that as soon as they arrived at Kébab, P. took out a knife, injuring his brother in the leg. H. claims to have only defended his brother. The president observes that the version of events has changed. H. replies: “Since the police couldn't understand, I reserved the correct version for you, Mr. President! » It is not certain that the president is sensitive to this type of flattery.

– “And why did you take a helmet to return to the Kebab?” » insists the president.

– “You never know, something can always happen!” » replies H. Precautionary principle?

In summarizing, the president notes that H. stabbed the two main victims. As for S., he would have been content to deal out blows.

– “Why did you have a knife on you?” » asks the president again.

– “I took it just in case!” » replies H. always according to the same principle.

The two brothers under OQTF

“It’s difficult to navigate this knife story,” observes M.me the Deputy Prosecutor, as the two defendants have changed their minds, knives in this case. On the other hand, several data are beyond doubt. The fact in particular that H., whose criminal record is clean, entered irregularly in June 2023, coming to join another brother and two sisters. The parents live in Algeria, but the siblings have obviously opted for France. Arriving in as a minor, H. thought he would settle in with his sister, which was not possible, however. From then on, the young man was entrusted to the social services of the Lot Department and to the “Lot pour Toits” association. One thing led to another and he was placed in training at McDonald's in Cahors where he received €1,200 per month. As soon as the alleged facts were communicated, H. was notified by the Lot prefecture of an OQTF (obligation to leave French territory) with a ban on return.

“I apologize for the inconvenience caused!” » implores H. Disturbance?

As for his brother S., he also arrived in France irregularly 8 months ago. Placed in police custody for theft and damage in Toulouse, he was served with an OQTF on August 5, with a ban on returning to French territory. Until the day of the alleged events, S. was sailing between Toulouse and Cahors. He had a job in Algeria, which he abandoned to come to France and find the rest of the siblings.

Attackers who would like to pass themselves off as victims?

Me Estelle Gaudard, lawyer for the victims of these stabbings, protests against the positions of the twins “who seek to pass themselves off as victims, even though they are the ones who attacked the other people”. She requests a referral for the determination of civil interests (compensation).

Mme the Deputy Prosecutor denounces these acts of violence; “We’re not at OK corral!” »

she exclaims. She protests against the acts committed and against what happened in the aftermath with the invectives at the hospital and in front of the police station, from the victims and those around them. She calls for a “rapid and decisive” response to put an end to what happened. It requires:

– against S. a fine of €300, a prison sentence of one year, with an obligation to leave France, a ban on possessing a weapon for 5 years and continued detention,

– against H. the same sentence as that previously stated for his brother.

Me Luc Mazars, lawyer for S., observes that the course of the incriminated facts remains unclear; “an absence of clarity with which the court cannot be satisfied”. Speaking of his client, he speaks of someone who felt attacked and who did not have an adequate response. He asks the court for leniency.

As for Me Amélie Tintilliet, H.'s lawyer, she welcomes the development of her client who has admitted the facts. In his eyes, his client showed immaturity by leaving his job and accompanying his brother to the kebab shop, with a helmet and a knife. She shares the excellent appreciation given to H. by the educator who follows him. She requests a judgment that is proportionate to the facts.

After a short period of deliberation, the court did not hesitate to deliver its judgment.

Firm prison and ban from French territory
At the end of its deliberations, the court increased the sentences requested by the Public Prosecutor's Office and sentenced the two brothers to 2 years in prison and continued detention, banned from carrying weapons for 5 years and banned from French territory for a period. 10 years old.
Claims for compensation will be due on February 12, 2025.

The two defendants have 10 days to file an appeal.

A surreal scene facing the police

While the two defendants under police escort left the courtroom to join the vehicle responsible for taking them to the remand center, around ten young people, accompanying the defendants, rushed in front of the gate at the rear of the courthouse. victims of the attack on the two twins. Even before the arrival of the defendants at the vehicle, these young people took the prison service officers to task by shouting all kinds of comments indicating their disappointment with the quantum of the sentence. The police officers were there to contain them while trying to explain the court's judgment. Deaf to the words of appeasement and the calls for calm launched by Philippe Surlapierre, police commissioner and director of public security for the Lot, one of the young people directly attacked one of the police officers who also invited the young man to lower his voice. Insults and insults were uttered that are beyond comprehension. Even the young man's father had difficulty containing his minor son, who was beside himself and out of control…

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