The Marseillais was found guilty of violence which resulted, without intention of giving it, in the death of Nidal Ouri on June 20, 2015.
A financial dispute
Particularity of this file: the accused never denied the facts. He even introduced himself to the police two days after the death of his cousin by marriage. His version has never changed an iota, corresponding point by point to those of the witnesses.
That evening, around 9 p.m. in the 4th arrondissement of Marseille, an altercation broke out between Karim Gasmi and Nidal Ouri. The motive, later reported by the accused himself and several members of his family, is said to be an ever-increasing sum of money claimed by Nidal Ouri for undeclared work carried out in the family business.
While the two men were in front of the home of the brother of Karim Gasmi, boss of the said company, in order to settle this financial dispute, another of his brothers, Woijdi, arrived by scooter. Seeing his elder being threatened with a screwdriver by Nidal Ouri, he took out a gun and pointed it in the direction of the attacker. Karim Gasmi then grabbed it and shot four times in the direction of his cousin’s legs. A projectile hit the femoral vein of Nidal Ouri. A fatal injury.
Absence d’intention homicide
During the investigation, the police sought to find out whether Karim Gasmi had asked his brother to join him with a weapon. But the latter, who will also be sentenced in this case to three years’ imprisonment for carrying a category B weapon and violence that did not result in total incapacity for work, has always affirmed that he had arrived before his brother’s home for another reason and that he had discovered by chance the fight between Karim and Nidal.
Faced with the absence of intention of homicide and premeditation, it is therefore on the count of “violence resulting in death without intention of giving it” that the jurors of Aix-en-Provence had condemned Karim Gasmi to thirteen years of imprisonment. Too heavy a sentence according to him. He will be defended by Me Christine D’Arrigo.