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The Seventh Court of Guarantee of Santiago decreed the preventive detention against Carabinero Sebastián Zamora (22 years old), accused of pushing a 16-year-old boy (initials AA) from the Pío Nono Bridge towards the Mapocho River in the middle of the demonstrations registered this Friday.
In preventive prison is a police officer formalized by @FRCentroNorte for the attempted murder of an adolescent, whom he made fall from the Pío Nono Bridge. Prosecutor Chong affirmed that the accused abandoned the victim and gave false information to the prosecution
– Central North Prosecutor’s Office (@FRCentroNorte) October 4, 2020
The formalization hearing for the crime of attempted homicide It began at around 11:00 a.m. and lasted until 6:00 p.m., in which the precautionary measure of preventive detention requested by the Central North Prosecutor’s Office was accepted, and a 120-day investigation period.
He Judge Jaime Fuica It also agreed to the request of the National Institute of Human Rights (INDH) to establish as a protection measure that Carabineros, as an institution, may not approach the minor during the referred time.
In the instance, the audiovisual witness records that were in the place, as well as the videos from the body cameras Carabineros personnel who were at the scene and security cameras, as well as testimonies from those who witnessed the event.
In addition, it was found that the police personnel did not assist the minor old, but was helped by a health brigade that helps during the demonstrations in Plaza Baquedano.
The High Complexity prosecutor, Ximena chong, detailed that “the accused, who also ran as indicated, lunges diagonally against the adolescent, taking him with his arms and pushing him in such a way that he raises him over the rail in question and makes him fall.”
This is why the Prosecutor’s Office requested the precautionary measure of preventive detention for the accused, because “based on the need for caution, that of danger to the security of society and, furthermore, possible danger of reiteration,” said Chong.
For her part, Zamora’s defense attorney, Nubia Vivanco, stated that “the risk in which this situation was exposed was not decided by the policeman; it was decided by the aggressor in the context of an attack against the authority. The identified aggressor, together with with other people, he insists on staying in place. “
This in contrast to what was stated by the prosecutor Chong, who maintained that the attack “was avoidable”, but the way in which the police finally acted “supposes the creation of a prohibited risk and a clear manifestation of intentionality, ordered to the production of death “.
THE CARABINERO TRIED TO MAKE THE FACT PASS THROUGH AN ARREST
Chong also announced that Zamora, the accused policeman, gave details to the Prosecutor’s Office such as that the victim, after the fall, was subject to an arrest procedure: the uniformed officer said that there was a reading of the minor’s rights and even the police a record of detention entered the Public Ministry system.
However, the persecutor indicated that the statement of the nurse who treated the adolescent indicates that “At no time does the victim arrive under the custody of the Carabineros and neither does the Carabineros enter to carry out any procedure.”
🔴 Seventh Guarantee Court of Santiago decreed preventive detention for the policeman accused of pushing the 16-year-old on the Pío Nono Bridge. Judge Jaime Fuica pointed out that at least the antecedents satisfy an eventual intent /@Cooperative #CooperativeInHome https://t.co/y2yIinBZkI
– Francisco Becerra (@panbecerra) October 4, 2020
“UNMEASURE FORCE AND EVENTUAL DOLO”
After hearing testimonies reviewing various audiovisual records, Judge Fuica observed that “what the adolescent was doing was running down the western sidewalk a few centimeters from the railing”, and in the videos it can be “evidenced that the victim falls to the bed of the Mapocho River and it is possible to appreciate with greater clarity the hand of the official that exceeds the railing, or the limit of the fence “.
About what happened, “The visual test allows us to conclude with great certainty that the police officer approaches him diagonally, even perpendicularly, and causes an impact in which at least half of his (the minor’s) body hangs from the railing and falls as a logical consequence” .
The magistrate considered that the carabinero acted with “excessive force”, and used terms such as “onslaught” and “onslaught” to refer to the action.
In this context, the court “can only agree with what the Public Ministry has indicated,” which has held that there was “malicious conduct” on the part of Zamora, and with the plaintiffs.
Thus, in the event of the eventual debate on whether it is a direct or eventual fraud, Fuica assured, after reviewing the background information released at the hearing, “at least (is) satisfied the concurrence of the eventual fraud”.
The carabinero will be admitted to the penitentiary annex of the Pudahuel Norte Sub-police Station.
In the criminal process you will face a criminal complaint for the crime of attempted murder, by the Ombudsman for Children, while the National Institute of Human Rights (INDH) announced this day Complaints for the crimes of attempted homicide and failure to provide assistance.
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