The family of Odair Moniz, a Cape Verdean man shot dead by police officer Bruno Pinto in Cova da Moura in 2024, has appealed against the officer's three-and-a-half-year suspended sentence. The family filed the appeal at the Lisbon Court of Appeal on Thursday, demanding that Pinto be convicted of murder with direct intent and sentenced to between 8 and 16 years in prison. They are also seeking the officer's permanent expulsion from Portugal's Public Security Police.
In the first-instance trial, Pinto was ordered to pay 90,000 euros in compensation to the family of Moniz, who died at the age of 43. Despite the ongoing legal proceedings, the officer returned to duty earlier this month, taking up administrative tasks at a police station on the South Bank of Lisbon after court-imposed restrictive measures expired.
Legal grounds of the appeal
Family lawyer José Semedo Fernandes told Correio da Manhã that the appeal submitted to the court outlines four main arguments. He said police officers had no lawful reason to pursue Moniz's car because he had committed no crime or traffic violation. PSP internal guidelines explicitly require officers to initiate a vehicle pursuit only when encountering a crime.
Fernandes added that the two officers involved entered Cova da Moura in further violation of internal procedures. He said the officers failed to inform the radio dispatch central or use emergency signals on their patrol vehicle when entering the neighborhood. Cova da Moura is a residential area in the municipality of Amadora, northwest of the Portuguese capital.
Handcuffing and physical condition
The appeal also refutes claims that Moniz resisted officers while being handcuffed. Fernandes explained that Moniz, a cook by profession, was on medical leave at the time due to a work-related burn on his right arm, which was the first arm officers handcuffed. He said video images of the incident show Moniz reacting in pain from raw skin rather than resisting arrest.
Use of service firearm
The family further challenges Pinto's decision to use his service weapon, noting that PSP internal rules mandate using firearms only when facing direct threats. The fatal first shot was fired following a physical confrontation between Pinto and Moniz, entering Moniz's armpit and severing his aorta. A second shot struck the victim in the genital area while he was still standing.
According to Fernandes, the family's appeal aligns with the findings of the Public Prosecutor's Office, which concluded that the officer acted with direct intent to kill rather than in self-defense. The case remains subject to review by the Lisbon Court of Appeal, as the original sentence has not yet taken final legal effect.
