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The Concepción Court of Appeals decided this day to revoke the preventive prison that weighed on the second sergeant of Carabineros John Mograve Villegas, accused of shooting two adolescents – 14 and 17 years old – inside the Carlos Macera Home in Talcahuano, belonging to the Ciudad del Niño Ricardo Espinosa Foundation, a collaborating body of the National Service for Minors (Sename).
The court decided to leave the police officer with the precaution of total house arrest.
Mograve had been in prison since Friday, November 20, after he was formalized for repeated crimes of Illegitimate coercion and other cruel, inhuman and degrading treatment against minors.
The event, which occurred on Wednesday, November 18, caused the departure of the controversial general director of the Carabineros, Mario Rozas, who one day after the incident resigned from his post after months of harsh questioning for human rights violations during social protests in the country.
With injuries to their legs, the two adolescents who were shot were hospitalized in a health center in Talcahuano.
NOW | Appeals Court of Concepción revoked the preventive detention of the police officer John Mograve Villegas, accused of shooting and wounding two minors in the Carlos Macera home in Talcahuano. He granted total house arrest. @Cooperative pic.twitter.com/L2mwToIo5c
– Cristofer Espinoza (@CEspinozaQ) November 28, 2020
According to the Biobío’s Public Criminal Defense Office (DPP), the court accepted the argument that the carabinero fired in legitimate defense, main reason for changing the injunction.
According to the Biobío Public Criminal Defense Office, it was accepted that the policeman who shot at the Carlos Macera Home did so in legitimate defense, the main argument to change the precautionary measure. @Cooperative https://t.co/C1M9hd69CH
– Cristofer Espinoza (@CEspinozaQ) November 28, 2020
In this sense, the defense attorney for the accused, Claudio Vigueras, It showed itself satisfied with the court’s decision.
“It leaves us satisfied, in the sense that our criteria have been shared in order that my client could not be subject to a precautionary measure such as a preventive detention that is extremely serious and was disproportionate In view of the specific elements that were invoked by the defense, in that he is a public official with more than 19 years of service, he only has positive annotations on his official sheet and has deep community roots, in addition to having provided some degree of collaboration in the investigation “, assured the public defender.
“We believe that (the total house arrest) is much more in line with the imposition of the preventive detention measure that, in our opinion, was openly disproportionate in this case,” he emphasized.
Court revoked preventive detention of the Carabinero who fired in legitimate defense in the Macera case. The court of appeal determined that it was a disproportionate precautionary measure, accepting arguments of the defense and ordered his house arrest @DPP_CL pic.twitter.com/BsuE9x5ol1
– Biobío Regional Ombudsman (@DPP_CL_BIOBIO) November 28, 2020
Change of precautionary case Sename Talcahuano by Cooperativa.cl on Scribd
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