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Of the eight formalized for delivering a letter with threats of death to the High Complexity prosecutor Ximena chong, alone Pablo Martinez Castro, the owner of the seized Uzi submachine gun was placed in preventive custody.
Martínez was charged by the Prosecutor’s Office not only for the intimidation of the persecutor, but also for the crime of possession of prohibited weapons of war use and possession of ammunition: the submachine gun was hidden under his bed, in his apartment, raided early Thursday.
Monthly signature and prohibition to approach the victim is the precautionary measure for 7 defendants for threats to prosecutor Chong. Only one of the defendants – the one with the UZI submachine gun – remains in preventive detention. @Cooperative
– Valentina Godoy (@valegodoyb) November 27, 2020
The rest of the accused -Gabriel Jara Vivanco; Daniel Goldberger Garcés; Solange Aravena Méndez; Paula Narváez Orrego; Osvaldo Díaz Valdés; Benjamín Zaragoza Wotherspoon and Fernando Hasler Martínez-, all linked to the far-right group “La Vanguardia”, were left with the precautionary statements of monthly signature and prohibition to approach the persecutor.
“Disproportionate” pretrial detention
“Without a doubt, the court shares what was stated by the Public Ministry in order to estimate that this is a fact that is of the greatest gravity: It is a threat to a prosecutor of the Public Ministry and that is done because of the performance of their functions, which, by law, are imposed, “the Judge Tatiana Escobar, of the Seventh Guarantee Court of Santiago, when communicating your decision.
But nevertheless, “making the court a prognosis of penalty to be suffered by the accused in the case of a conviction, they are all accused with irreproachable previous conduct. Therefore, if this judge is put in a sentencing scenario -with regard to the prognosis of punishment- the granting of alternative penalties is envisaged in all cases“That is, alternatives to incarceration, he explained.
In this sense, “it appears at this procedural stage, and with this background, the precautionary measure of preventive detention is disproportionate“Escobar said.
🔴 7 ° J. of Guarantee decreed preventive detention of PEMC, accused of threats against a prosecutor and violation of the arms law. Another 7 accused of threats were left with a monthly signature and a prohibition from approaching the victim and his family. Investigation period: 90 days. pic.twitter.com/yhYvbqFGg1
– Judicial Branch Chile (@PJudicialChile) November 27, 2020
According to the Public Ministry, the group coordinated to deliver the letter with threats on October 6 at Chong’s home, two days after the former police officer was formalized. Sebastian Zamora, in the framework of the Pío Nono case, in which the prosecutor charged attempted homicide and managed to have the preventive measure of preventive detention imposed on the uniformed man.
The prosecutor Francisco Jacir -in charge of the investigation and formalization- valued that the magistrate coincided with the “serious” nature of the crimes charged, but was not satisfied with the precautionary measures imposed on seven of the eight accused. In this sense, he pointed out that will evaluate appeal to achieve preventive detention, which he requested for the whole group.
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