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André Amorim e Zé Elias, maiores imputáveis, com a intenção de subtrair os equipamentos de filmagem de Hernando Mesquita, estimados em R$ 100.000,00, efetuam disparos de arma de fogo e, com isso, tiram a vida da vítima. Nesta hipótese, os agentes devem ser responsabilizados pelo delito de latrocínio (roubo qualificado pela morte), majorado pelo concurso de pessoas e pelo emprego de arma de fogo.
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