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Daniel Morales (35) and his nephew BS (17) since last year they were in preventive detention and provisional internment, respectively, after being accused of burning the Pedrero station of the Santiago Metro during the social outbreak.
While the adolescent was arrested and formalized in November, less than a month after the October 18; his uncle was captured in December.
This Tuesday, November 3, a few days after completing a year behind bars, the Seventh Criminal Oral Trial Court of Santiago decreed his acquittal. And in simpler words, also your freedom.
The fact
The fire in Pedrero occurred the same night of October 18, 2019, when the protests multiplied in many areas of Santiago after the increase in public transport fares.
Many of these manifestations resulted in several subway stations were attacked and others burned.
Pedrero, station of the Line 5 and located steps away from the Monumental Stadium in Macul, it was set on fire in the ticket office and entrance area, generating millionaire damages.
Just in May of this 2020, Pedrero was reopened to the public.
The first arrest
The first to be caught It was BS The young man was apprehended by the PDI Metropolitan BIPE on November 7, 2019, practically a year ago.
That day, detectives arrived at her house and seized the clothes that she would have occupied on October 18, a key item with which she East Prosecutor’s Office I would try to locate him at the scene.
The next day, the young man was formalized and at the hearing the Public Ministry exhibited the evidence against him.
Some of them were images uploaded to the Instagram of the White Claw, where a person dressed in a white T-shirt by Colo Colo, a black diver with white stripes, red Vans brand sneakers and a black hood participated in demonstrations outside Pedrero.
That was not all. A video was also exhibited where supposedly that same person, who in the opinion of the Prosecutor’s Office was BS, threw combustible material to a fire source that had already started in the box office sector.
Therefore, it was temporary hospitalization until the end of the oral trial.
The second arrest
December was already running when the second arrest occurred. The protagonist was Daniel Morales, the teenager’s uncle, who was also apprehended by the BIPE Metropolitana de la PDI.
Morales was held in preventive detention on December 13 and, in its formalization, the East Prosecutor’s Office argued that he and BS had arranged for WhatsApp to carry out an attack on the Metro station.
The accused was accused of causing various damage to the ticket offices, turnstiles, signs, ATMs, among others, and then light a fire inside.
Both Morales and BS were formalized by Prosecutor Oriente Omar Mérida for the crimes of fire and public disorder. While for the uncle 20 years of imprisonment were requested, for the adolescent it was 10.
The trial that ended with acquittal
On October 21, 2020, just over a year after the day of the fire, in the Seventh Court of Oral Criminal Trial of Santiago the trial started against both.
In the closing hearing, the prosecutor Mérida insisted on the responsibility of the accused and ruled out adulteration in tests.
“We have proven that it was a fire, proven that it was intentional, proven that a single source was generated. How then does the defense argue that there was adulteration? Is it all the more likely we have set up a recording studio, that we have put actors in disguise and that we have put them to simulate this fire? Hopefully we managed the Zoom and that was evident in this trial, “he said.
Finally, the Seventh Criminal Oral Trial Court of Santiago unanimously decided to acquit the two defendants, since in their opinion the evidence obtained to accuse them was unlawful.
Therefore, Morales and BS will be able to regain their freedom after almost a year. East Prosecutor’s Office has 10 days to request the nullity of the oral trial and it has already announced that it is awaiting the review of the ruling to later analyze the petition.
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