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The Court of Appeals of La Serena confirmed this Tuesday the preventive detention of Jose Santiago Faúndez Sepúlveda, Army captain charged by the Public Ministry as the perpetrator of the consummated crimes of simple homicide, attempted homicide and unnecessary violence, resulting in serious injury.
All illegal perpetrated on October 20, 2019, in the Mall Plaza sector of the city, while the State of Constitutional Exception was in force after the social outbreak.
In a unanimous ruling, the Second Chamber of the appeal court confirmed the contested resolution, issued by the La Serena Guarantee Court on December 14, which decreed the admission of the accused to Regiment No. 21 Coquimbo in preventive detention.
The resolution of the appellate court dismissed the appeal filed by the defense, considering that “the aforementioned information is considered sufficient to understand that the military personnel made use of their weapons on the order of the officer in charge, and outside the hypotheses that regulate the use of force and, consequently, allow the crime of unnecessary violence, resulting in serious injuries, to be considered justified in this procedural stage with respect to the victim Rolando Alberto Robledo Vergara“.
“At the same time – the ruling continues – those same antecedents, with respect to the victims Romario Wladimir Veloz Cortés and César Antonio Veliz Cortés, make it possible to consider justified, at this procedural stage, the commission of the crimes of consummated and frustrated homicide, respectively, since the consequence of the events, in light of what happened minutes before, was foreseeable and was accepted by the accused Faúndez Sepúlveda ”.
Resolution that adds: “there is no controversy as to whether the accused Faúndez Sepúlveda was the commanding officer of the military personnel deployed at the scene of the events, and that he was the one who gave the order to open fire successively against the people who were at the scene of the events, among which were the victims ”.
(…) An order that was given despite the fact that his fifteen-year military experience in the Army allows him to recognize both the weapons carried by his subordinates, as well as the type of ammunition that was being percussed at that time, without prejudice to what above, and having that knowledge, he decided to open fire on two occasions, at least accepting the result of such events, “adds the ruling.
The court also established that “in the judgment of these sentenced persons the freedom of the accused constitutes a danger to the safety of society, taking into consideration for this the standards that the same legislator delivers, specifically, the number of crimes, the seriousness of the sentence assigned and the nature of the same, so the requirement established in letter c) of article 140 of said Code ”.
Therefore, it concludes that: “the resolution appealed dated December 14, two thousand and twenty, which decreed the preventive detention of the accused José Santiago Faúndez Sepúlveda, is confirmed, considering that his freedom constitutes a danger to the security of society.”
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