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A report from Ricardo Neira’s cell phone location history, was key to ordering his preventive prison in the cause for the crime of Carolina Fuentes, whose investigation was kept under total secrecy until the formalization hearing.
From the Ñuble Prosecutor’s Office they presented antecedents that discredit the Neira’s story, who during the search maintained that the day June 30th He had gone to drop Carolina near the Chillán bus terminal.
He prosecutor Álvaro Hermosilla, presented georeferencing evidence that shows that “the location he had only corresponds to the communes of Ninhue, Portezuelo and Quirihue, and allow to conclude that that day he was never in Chillán“.
The thesis of the Prosecutor’s Office is that that day the defendant would have killed Carolina, taking her body to the Las Palmas sector, near Quirihue, leaving it there for three weeks, returning on July 21, to throw it into the river where it was finally found. This presumption would be reinforced by the data traffic from Neira’s phone, which would prove her presence in the place.
Alibis attempts
Another relevant antecedent presented by the Prosecutor’s Office is that On July 1, the defendant sent a message to Carolina, through the social network WhatsApp, where he asks him to return the 95 thousand pesos that he had lent him, receiving a reply within minutes from the victim’s phone, who was supposedly already in another city.
“That message was sent around 10:30 a.m., and according to the georeferential location, the defendant was in the eastern sector of Chillán. The paradox is that the response from the missing person’s phone it was from the same coverage area“explained the Hermosilla prosecutor.
The persecutor added that in the days that followed there were messages issued from the victim’s phone, to their children, husband and relatives, connecting to the internet network from the home of the accused, which suggests that the device was in his possession.
“We have absolute conviction that the defendant installed that information, artificially, to generate alibis, committing the worst mistake during the concealment of the crime, indicating the location of the telephone and eventually revealing their participation “, concluded the prosecutor.
Cell phone seizure
He defense attorney Antonio Guerra questioned the validity of this report as evidence, because it would have been obtained violating fundamental guarantees, since the team would have been illegally seized, under the guise of voluntary surrender.
In this regard, he explained that the cell phone of Ricardo Neira was requested when he declared in status as a witness and not as a defendant, on July 9, and since then the device was subjected to electroengineering tests.
“What proceeded was that a Guarantee judge intervened to authorize the delivery or seizure of said cell phone, which later served as the basis for the Public Ministry to request the arrest warrant, “he said.
It should be noted that Ricardo Neira, after his arrest last Thursday, took up his right to remain silent, for which he did not make statements as a defendant before the PDI or the Prosecutor’s Office.