The First Criminal Section of the Court of Cassation has annulled the precautionary custody order issued against Nicolò Palermo, 19, from Benevento, investigated for attempted aggravated murder against Gaetano Cusano, the 17-year-old from Vitulano (in the Sannio area) who was seriously injured in a violent attack that took place on the night between 4 and 5 October 2025 in front of the "Xuè" club in Montesarchio.
The decision fully accepts the defense arguments put forward by the young man's lawyers, Vittorio Fucci and Francesco Altieri. The Supreme Court of Cassation ordered the case to be remanded to a new section of the Naples Review Court for a new trial.
The reconstruction of the accusation
According to the Benevento Prosecutor's Office's indictment, the attack was a veritable punitive raid organized by a group of youths from Benevento against a rival group. Four cars departed from the city—an Alfa Romeo MiTo, two Fiat Pandas, and a Grande Punto—carrying several young men, including Nicolò Palermo.
Arriving in front of the "Xuè" nightclub, they allegedly attacked two boys from the opposing group. Gaetano Cusano, 17 at the time, was allegedly severely beaten with kicks and punches and repeatedly hit in the head with a baseball bat, ending up in a medically induced coma with an initially very guarded prognosis. His condition gradually stabilized over the following months.
Palermo faces the most serious charge: according to investigators, he was the one who immobilized the victim by squeezing his hands around his neck using the so-called "tie-wrap" technique, preventing him from defending himself and allowing others to inflict potentially lethal blows. The evidence underpinning the investigation The investigative reconstruction is based on: Images recorded by a surveillance camera present on the scene
Analysis of the records and contents of the seized cell phones
Statements made by some witnesses
Elements that had led the investigating judge to validate the arrest and to issue the prison custody order for Palermo and other suspects involved in the affair.
The turning point in the Supreme Court and the new review
The Supreme Court found the defense's appeal grounds well-founded, annulling the precautionary order and remanding it. The Naples Review Court will now reexamine the precautionary requirements (risk of escape, risk of reoffending, and tampering with evidence) in light of the criticisms upheld by the Supreme Court. Palermo is currently no longer in custody. The legal case remains open: the charge of attempted aggravated murder in conspiracy has been confirmed, but the most severe measure has been suspended pending a new ruling.
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Comments (1)
The Supreme Court's decision appears highly complicated and unexpected. Even though the attempted murder charge was confirmed, it's unclear why the precautionary measure was suspended for Palermo, who was facing serious charges.