Batch. In emergency accommodation, a man hits the security guard who woke him up

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Friday November 8, 2024, Luc (1) was presented before the Cahors criminal courtaccording to the procedure known as “immediate appearance”following events that occurred on November 5, 2024 at the AHIS of Cahors.

The defendant enters the courtroom under police escort. Dressed in gray jogging pants, he greets the court, then with a furtive glance seems to be looking for someone in the courtroom…

“You are being prosecuted for acts of violence committed against a person responsible for a public service mission, having caused her a total interruption of work (ITT) of 14 days and for having threatened her with death”, specifies the judge after having asked the defendant to reveal his identity. Aged 37, Luc worked at McDonald's de Cahorsas part of an integration program.

towards an AHIS security guard

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He goes to the wrong room and attacks the security guardLuc “a priori” benefited from a room in the premises of theAHIS, located rue du Maquis in Cahors

. On the evening of November 7, he moved into a room, which was not reserved for him. And around 4 a.m., when the AHIS security guard opens the door to his room, which is supposed to be free, to accommodate a new arrival, Luc, startled awake, sees red. However, the security guard closes the door and installs his guest in another room. Everything could and should have stopped there.

Nay! Luc finds nothing better to do in the middle of the night than to get up and ask for explanations from the security guard who had returned to his office. Worse, he calls him out while hitting him! “A rain of blows” the security guard told the investigators; with alternation of kicks and punches. So much so that the medical certificate will conclude with an ITT of 14 days! Contractures, dermabrasions and a sprained wrist and ankle are noted. After this outburst of violence, death threats followed…

“Never in 12 years of working in the profession have I suffered such violence! » will indicate the security guard. Moreover, he did not wish to file a civil suit and request compensation. On the contrary, he sends a message to the court to wish Luc “the best”.

According to testimonies from AHIS management, the security guard is described as a “model employee, non-violent and appreciated by all”.

Did the security guard sprain himself?

– “It is certain that the sprains, the security guard caused them to himself, all by himself, by hitting me! » declares Luc, in court. And he adds:

– “I punched and kicked, no more!” »

For his part, Luc was granted 4 days of ITT. And Patrick Serra, deputy public prosecutor, clarified:

– “I am not going to take note of the blows you received from someone who had to defend themselves! »

Luc's statements do not pass, given the list of injuries given on the security guard's medical certificate.

The court continues the hearing and asks the defendant what he did with the treatment prescribed to him.

– “I stopped it two months ago, it was too restrictive: going back to the doctor, paying for the medication…” says Luc.

– “And the death threats, why? » asks the court again.

– “I admit having said them, even if they were not sincere: I regret it, they are not things to say! » retorts the defendant.

– “Death threats, you just have to say them for them to exist!” » continues Patrick Serra, on behalf of the Prosecutor's Office.

Five years in prison

As for the blows given to the security guard, the magistrate reminds Luc that they constitute an aggravating circumstance, insofar as they were carried out against a person responsible for a public service mission. The defendant faces a sentence of 5 years in prison for this.

Luc has already been convicted 5 times, notably for acts of violence. He holds a BEP in sales and worked as a storekeeper for a year. A cannabis smoker, up to ten joints a day, he left Corrèze, he says, “for a change of scenery”, following a romantic breakup. He said he stopped using cannabis and found a job at McDonald's in Cahors. With what has just happened, his reintegration efforts have been destroyed by the scene of violence, which he himself triggered.

Solely responsible for the situation he found himself in

When taking his requisitions, Patrick Serra noted that Luc “should not even have been in the AHIS premises”, contrary to what the defendant claimed, because he had not requested accommodation for that day -there. Taking up the facts, the magistrate considers that Luc is the only one responsible for the situation in which he found himself, adding to the blows the death threats. He demands against Luc a sentence of 6 months in prison, with revocation of the suspended sentence which hung over his head, for 2 months. In addition, he requests continued detention of the accused. There is also a ban on contact with the security guard, a ban on appearing in Cahors, for a period of two years and a ban on carrying a weapon, for a period of 3 years.

Defense lawyer requests house arrest^{Maître Irène Alexopoulos, Luc's lawyer, does not have the same reading of the facts as the Prosecutor's Office. First, she assumes that the sprains in question to the victim's wrist and ankle explain the number, in her eyes, of exaggerated days of ITT. She recalls that the security guard is not the only one to have suffered violence. His client was awarded 4 days of ITT. M} e

Alexopoulos admits his client didn't make the right decision by going to the security guard's office. However, she recalls that Luc came to Lot to start a new life. He worked at McDonald's and had made contacts for medical treatment. “He was in a real dynamic of reintegration! » she affirms.

The lawyer asks the court not to revoke the suspended sentence and not to send Luc back to prison. She proposes house arrest, specifying that Luc's father has just arrived at the court during the hearing, to testify to his wish to accommodate his son. The president of the court does not appreciate learning of this possibility immediately. However, with the agreement of the Prosecutor's Office, she asked the defendant's father a few questions, to ensure if he was able to guarantee accommodation for his son. At the end of the discussions, the court does not seem convinced by this possibility, especially since it appears that father-son relations have not been smooth sailing.

The defendant held responsible for the acts committed is sentenced

After deliberating, the court sentenced Luc to 4 months in prison with revocation of the suspended sentence for two months. Placement in home detention is rejected. Luc is sentenced to serve his sentence in prison. In addition, he is prohibited from returning to Cahors for a period of two years, prohibited from carrying a weapon for 3 years and ineligibility is pronounced against him for a period of 3 years.

The defendant has 10 days to file an appeal.

(1) The first name has been changed (2) AHIS: Reception, Accommodation, Social Integration