[ad_1]
Finally the moment of truth arrived. After Monday he pleaded guilty to Felipe Andana Marin (34) for the crimes of traffic accident resulting in death and not providing help or relief at the scene of the event, the Oral Criminal Court of La Serena read the sentence that this subject must pay behind bars.
Judge Nury Benavides was the one who released the ruling that ended up condemning the defendant to a single sentence of 5 years of minor prison in its maximum degree and to the payment of a fine of 8 UTM. To the above, another 4 years of minor prison in its maximum degree were added for the crime of omission by not stopping the machine, helping the wounded and reporting what happened to the authorities, and a fine of 11 UTM.
In total, he received a sentence of 9 years in prison and a fine of 19 Monthly Tax Units, that is, just over $ 962 thousand.
Complainants are not satisfied
It should be noted that the events that led to the oral trial and the subsequent conviction date back to the early morning of April 27, 2019, when a tragic accident caused by Andana Marín who I was driving drunk, forever destroyed the Garrido-Traipe family of Las Compañías.
The vehicle in which Yoselin Traipe, her husband and their two children were traveling, was hit head-on by the van driven by the subject in an intemperate state. The results were fatal.
The father of the family, Miguel Garrido, driver of bus line 39, died instantly, while the two minors, Mery Danae, at that time 8 years old, and Jean Pierre (13) were ejected seriously injured. Hours later, Jean Pierre passed away at the San Pablo de Coquimbo Hospital. Mery Danae was left in a vegetable state and continues to fight hand in hand with her mother, Yoselin.
After hearing the court ruling, the reactions of both parties did not wait. The plaintiff’s lawyer, Raúl Castillo, did not want to state whether they will file any recourse in this regard, but clearly he was not in agreement with what was ruled by the judges since individual recidivism was not considered with what the penalties could have amounted to 15 years and not the 9 that were finally given. In any case, Castillo ensures that the ruling conforms to the law.
“The aggravating circumstance of recidivism was discarded due to the passage of time, then it corresponds to apply the rules adjusted to the traffic law. Furthermore, if substantial collaboration is recognized, the law establishes a maximum limit of 5 years for the first offense (accident resulting in death), so, under that criterion, the sentence is correct. Now, for me, for the affected person and for society in general, it is unfair, but it was the criterion that the judges used, ”Castillo said.
Defense insists on nullity
Despite the fact that the defense managed to get the sentence to be six years less than what the complainant and the Public Ministry demanded, who were requesting 15 years, anyway will appeal to annul the procedure.
This was stated by the lawyer Carlo Silva. “We maintain the same position, which is a substantive claim in the sense that my client should not have been convicted, despite being responsible, for a matter of legality and formality in which the procedure was taken. It would be illogical for us throughout the process to have been claiming this situation of illegality, and now finally to abandon it. We believe that the Supreme Court should rule here in relation to whether there was a violation of the rules of the process, ”Silva said.
But, on what would the appeal for annulment be based? According to the hypothesis of the criminal prosecutor, Carabineros took statements from Felipe Andana’s relatives, without warning them that, according to the law, they are not required to give their testimonys due to the close link with the accused.
Both parties have a period of 10 calendar days from the reading of the sentence – yesterday, November 21 – to present any appeal related to the resolution issued by the Oral Criminal Court of La Serena.
“It is something aberrant”
With grief, anger and impotence, Yoselin Traipe received the news that the judges did not weigh the individual’s recidivism when deciding. “It’s something aberrant, already the 15 years were littleImagine 9 years now, it is nothing in relation to the damage he did, ”the woman said in telephone contact moments after the reading of the sentence.
Prior to that, on Friday, Diario El Día was at his house, where he told us how he lived through this process, full of pain. Although I felt some peace of mind knowing that the justice found Felipe Andana Marín guilty, I still had uncertainty about the penalties he could have and that they were too low, considering that this man took everything he had. Finally, her fear came true.
Sitting in an armchair, in the middle of the silence of her living room, she said she did not understand “the indolence with which this subject acted.” Of course, during the trial he learned that even had time to change clothes before he was caught by the police; however, he was unable to stop his vehicle and assist them after the accident.
“He asked for help for him, to get rid of the crime he had committed, but he doesn’t care about us. I I never saw a show of regret on his part. Nothing is going to give me back my son Jean Pierre or my husband Miguel, nor the health of Mery, but hearing an apology I think was appropriate, regardless of what was resolved later. I think the kind of person he is was demonstrated, “he said.
It is difficult for him to speak without breaking down, and it is understandable. However, he assures that expressing himself serves as an outlet. She affirms that the most painful thing during the process was having to listen to details of what her husband and son suffered before they died, for this reason, she made the decision not to be present at all the allegations. Whenever, for technical reasons, positions, injuries and evidentiary events of that tenor were revealed during the exhibition of the expertise, he could not bear it, and chose to turn off the audio or simply withdraw.
“We wanted life imprisonment”
“I would give him a life sentence. He is a person who represents a risk to society, this It was not the first time that I had been driving while intoxicated and had an accident, and now it was with fatal consequences. If he leaves, he will do it again ”, expressed Traipe, before the sentence. At that time, as she herself said, she had kept her pain in a box, as she should do every day, otherwise “I would go crying all day and I would not be able to take care of my daughter,” she said.
With great pain, Yoselin expresses that only because of her she remains standing, and that, if she were not, or if something happens to her, life would lose all its meaning. “I don’t exist here. Mery is first, Mery second, and Mery third, ”he says. And of course he cannot detach himself from it and throughout this year and a half it has been a constant pilgrimage between hospital corridors both in Santiago and in the region.
“I lost count of the times they have had to operate. I think there are more than 20 times and every time he enters the pavilion I am running the risk that he will leave. It is something that cannot be explained. My hope today is to be able to obtain a place for intensive rehabilitation in a public facility, which is very difficult, because the other thing is to do it in the private system, but I don’t have the resources, “he said.
Economic complications
The economic issue has been a factor that adds another concern. Yoselin has not been able to return to work And although at first it received a lot of aid, even from the Government, today the reality is different. Most of those who were at the beginning to support him and sustain his basic needs disappeared. In fact, today she lives on her deceased husband’s pension, just over $ 80,000, and from the raffles she runs through Facebook Live.
“It has cost me a lot. I don’t think I can ever go back to work because I have to be by Mery’s side and thus I cannot generate resources. At first people were there, but over time it is understandable that they are forgetting. And on top of that, the pandemic was added, which has not allowed me to hold bigger events like the Café Concert that we did last year before all this, where we did very well ”, he remarks.
Loneliness
He doesn’t deny that there are times of the day when he thinks about throwing everything away. “I feel dead in lifeThis guy left me alone, ”she says through tears, adding that only the image of Mery Danae keeps her strong.
“It is very difficult, very difficult, think that I am 34 years old, I had managed to build a family, but this person took all that away from me. Even before the accident this house was full of joy, with the children playing. Mery dancing, but now is this that you see, loneliness, silence and great sorrow. One hopes that when these judicial processes end, the cycle will close, but that cycle in the end I will never be able to close, until I see my daughter get up, and the doctors have told me that the possibilities that that happens, they are one in a million ”, asserted Yoselin who despite the sentence, continues to cry out for a justice that, he assures, the courts did not give him.
[ad_2]
