Act of the Carabineros on the Pío Nono case includes the policeman’s version: “when he was hit, he managed to escape to flee (…) overcoming the bridge’s containment barriers”

“The subsequent conduct of the accused tends to mediate and directly to try to cover up the circumstances surrounding the homicidal act as an alleged arrest.” In this way, the prosecutor Ximena Chong reported yesterday to the Seventh Guarantee Court of Santiago that the investigation against Carabinero Sebastián Zamora for the fall of the 16-year-old teenager, with the initials AJAA, from the Pío Nono Bridge to the banks of the Mapocho River, on the afternoon of October 2, not only could it be adjusted to an alleged attempted homicide, but there would also be indications of cover-up, obstruction of the investigation and falsification of a public document.

This, because for the Public Ministry “there are things that do not add up.” One of them are the four calls from Carabineros, two from the accused, to the Central North prosecutors on duty to say that the adolescent would have been apprehended while being treated at the Santa María Clinic. A second element under suspicion is the preparation of a record of detention and reading of the rights of the detainee, which would also be “false”, since there was no arrest or reading of rights.

So what are these minutes about? What does the party say? The Third PM He accessed the police report, the detainee’s record, the rights reading record and the record of delivery to the adult responsible for the minor.

The police report begins by giving an account of the “relationship of the facts.” There the procedure itself was exposed, what was happening in Plaza Italia that afternoon, and the story of the accused policeman, Zamora, who had been on duty since 8:00 in the morning that day. “At approximately 7:30 p.m., they received the order from the head of squad No. 16, in charge of Lieutenant Bruno Murillo Berardi, through the Central Gama, arranging for an attack to be carried out across the Pío Nono Bridge from Plaza Baquedano heading north” , is indicated in the Carabineros story.

Later, it is added that in the midst of the excesses, “circumstances in which he identified an individual who kept a hood of extravagant colors, covering his face, black pants, black sneakers with white stripes, dark short-sleeved shirt, which threw forceful elements against the police personnel, for which a follow-up was initiated in order to arrest him, an individual who when hit managed to escape the official to flee, finding a public lighting pole of the Pío Nono bridge, surpassing the barriers of containment of the same bridge, falling into the Mapocho River bed, apparently remaining unconscious. As a result, an attempt was made to verify his state of health, an action that was prevented because the protesters who were in the place began to attack Carabineros officials, forcing them to retreat in the direction of Plaza Baquedano ”.

After this account, it is stated that “the actions of the police personnel were recorded in the Axion Cam” camera of Lieutenant Eduardo Fernández Camiroaga, “who reported the fact immediately via radio and later by telephone to the respective command.

Next, the “controversial” and questioned by the Public Ministry is recorded: “Later, the officials went to the First Police Station of Santiago to make the corresponding complaints, knowing that the subject who had fallen to the bed of the Mapocho River was hospitalized in the Santa María Clinic, being identified by personnel from the Police Investigations Section, under the charge of the second sergeant, José Ibáñez Santander, who managed to identify him as (crossed out), 16 years old ”, residing in Puente Alto.

Regarding the rights of the victim, it is mentioned that “as a result of the injuries of the detainee, who was transferred to a care center, and a large number of relatives were in the place waiting for their recovery, in order to avoid reactions adverse of these and other people, it was not possible to obtain the signature of the rights of the adolescent, attaching in the same way said document “.

In addition, the police report wrote that the minor did not have a criminal record, that a DVD was sent with the recordings of what happened, and on the “instructions of the prosecutor.” At that point, it is detailed that “the personnel in charge of the procedure contacted the local Central North prosecutor’s office, via the Bitácora Web system, where the prosecutor on duty Patricio Macaya Silva, who internalized the facts, instructed through folio 10-289 the following : detainee must be released and warned by article 26 of the CPP; statement of the arresting staff, minutes corresponding to the procedure and responsible adult certificate ”.

And finally, the police report records “the fate” of the minor. “Subsequently, the detainee on the instruction of the prosecutor on duty was released under arrest under Article No. 26 of the CPP, pending a summons by the Prosecutor’s Office. A Responsible Adult certificate is drawn up for the minor’s mother, Daisy Antonina Alvear Hidalgo, ”says the document, signed by Corporal Marcelo Henríquez and Chief Warrant Officer Manuel Arias.

Next, the “information record on the rights of the adolescent in flagrante delicto and warning of article 26 of the CPP” is attached. There, all the rights of the detainee are related, the minor is identified, her personal data and the police officers who prepare the document that consists of eight points. In the part that says “signature of the detainee”, only the word “hospitalized” appears.

This record was also questioned by prosecutor Chong at the formalization hearing, although the uniformed police say that it is not questionable, since it says in the document that the minor is “hospitalized.”

The other attached document is the “certificate of delivery of adolescent (+ 14-18) to responsible adult”. Here, the identity of the minor, her age, schooling, her address and the “individualization of the adult responsible for the adolescent” is given.

In this item, the child’s mother was identified as Daisy Alvear Hidalgo and her personal data. The following paragraph highlights: “Communication with the responsible adults (indicate what was stated in the delivery): mother states that she is aware of the warning of article 26 of the CPP and reception of the adolescent.” It was attached until his signature. The Third PM He tried to contact the victim’s family, but at the end of this edition it was not possible to obtain a version to contrast this fact.

Carabineros sources also added that there are cameras of the police officer speaking with the child’s mother.

Likewise, uniformed police sources deny any attempt to obstruct the investigation, or hide the fact. This is what the institution believes, because they say they have handed everything over to the Public Ministry and that the detention and rights record is something normal that is done in these cases, even if the person is hospitalized, and they give as an example what happens in cases of femicides who attempt suicide or drunk drivers who are interned. In these situations, they assure the entity, independent detention records are also drawn up whether or not the person is in the police station.

With the information collected so far, the North Central Prosecutor’s Office is targeting other police officers involved in the acts after the event of the Pío Nono bridge. In fact, the Public Ministry will extend the investigation to the police officers who participated in the minutes, calls to the prosecution and the digital records of the Bitácora Web system.

According to Prosecutor Chong at the hearing on Sunday, there are at least nine uniformed men who participate in these events to account for the alleged detention of the teenager. They are, first of all, the “apprehenders” that correspond to Lieutenant Fernández Camiroaga and the defendant Zamora Soto.

Then the police officer Bryan Burgos Rivas joined, who signed with Zamora the act of information on the rights of the detainee. Added to them is Captain Vladimir Ubeda Petersen, from the 1st Police Station, who made the first call to the prosecutors on duty. According to the audios that the prosecutor’s office presented in court, Ubeda says that he made the contact by “order of Commander Muñoz”, who would be the chief operating officer of the 1st Police Station.

Then there is a second call made by “NCO Silva”, his last name was not indicated, also from the 1st Police Station. These acts also include the accounts made digitally by the first corporal Marcelo Enriquez Arias.

Finally, there are at least two unidentified police officers who are also related to these events. It is about an “IAPA official” who was indicated as a participant in the alleged detention and also other officials who are heard in the phone calls. During the hearing, Chong noticed that the uniformed men who called by telephone were asking questions of third parties to find out what to answer to the prosecutor’s queries, which can be seen in some of the four audios.

Meanwhile, the State Defense Council (CDE) has already requested the antecedents of the case from the Central North prosecutor’s office. At the same time, it is expected that this Thursday the Criminal Committee of the body will meet so that the councilors that comprise it analyze the case and thus, eventually, the CDE becomes a party through a complaint.