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The Probation Commission of the Court of Appeals of Valparaíso revoked this Tuesday the benefit that Hugo Bustamante had out of prison, convicted in 2005 of a double homicide and charged by the Public Ministry as the author of the crime of femicide of the adolescent Amber Dogwood.
Bustamante was sentenced in 2005 to 27 years in prison for two crimes of simple homicide: his partner and her son, but he was released from prison in 2016, only 11 years later.
The decision reported today was made after it was established that Busdamente “You have breached the conditions established in your individual intervention plan, since during the control period it presents two unjustified absences to check signatures; the first, the week of February 26 to March 2, 2018, and the second, corresponding to the week of April 23 to 29, 2018, and with respect to which the Conditional Release Commission had not been informed since its occurrence, but until now by the Gendarmerie “.
The Judiciary recalled that before the January 2019 modification of Decree Law 321 that establishes Conditional Release, the Gendarmerie should only report the breach of signatures of the beneficiaries when it occurred for two consecutive weeks, which did not occur in this case.
Valparaíso Probation Commission revoked the benefit to Hugo Bustamante Pérez https://t.co/ZrEss6vSva pic.twitter.com/EwYteagVsY
– Judicial Branch Chile (@PJudicialChile) September 1, 2020
The Commission also reasoned that Bustamante, upon entering the Valparaíso Penitentiary Compliance Center on August 7, for the crimes of femicide with rape and illegal burial of Ámbar, it cannot “appear for the control of firms from that date because it is subject to said precautionary measure.”
“The foregoing shows the impossibility, therefore, of continuing with his conditional release work plan, derived from a situation established in article 140 of the Criminal Procedure Code, decreed by the Court in question,” the document detailed.
For the commission, this defendant “has put himself in a situation of non-compliance with the conditions established by his individual intervention plan, of which he has not given a sufficient reason to justify his absence, as a result of the sum of the breaches expressed, corresponding to the two controls already outlined, as well as he has not been able to disprove the assumptions of the preventive detention in which he is found “.
“In the end justice is being done”
On this decision, the attorney Jeanette Bruna, who represents the family of the deceased, stated that “in the end justice is being done“.
“We are satisfied with the decision to listen to the victims and revoke the conditional release of the double murderer Hugo Busdamente, to that he ends up paying the sentence to which he was sentenced in 2005, the one that remains for serving 5 years. “
The Government’s complaint against Manuel García is inadmissible
The Court of Appeals of Valparaíso also ratified the inadmissibility of the complaint presented by the Regional Administration against Manuel Garcia Queirolo, charged by the Prosecutor’s Office as the author of production of child pornographic material, by images of the murdered adolescent.
“Taking into account the merits of the antecedents, what was stated by the interveners on the podium and by virtue of their own grounds, the resolution of August 18, issued by the Villa Alemana Court of Guarantee, is confirmed, which declared inadmissible the complaint presented by the Regional Government of Valparaíso, “says the ruling.
Ámbar Case: Court of Valparaíso ratifies inadmissibility of complaint presented by regional administration https://t.co/bWPcX08gm7 pic.twitter.com/k97zUbCNfA
– Judicial Branch Chile (@PJudicialChile) September 1, 2020
This case is parallel to the one that follows for the murder of Ámbar, after a complaint -in January of this year- against García for allegedly crime of sexual abuse against the victim.
After García’s arrest, the Valparaíso Cybercrime Brigade began to extract the information from his cell phone, finding more than 400 sexual and explicit images of Ámbar, the Prosecutor’s Office reported.
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