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The new edge investigated by the North Central Prosecutor’s Office emerged unexpectedly. After investigating the causes of the fall of the 16-year-old adolescent, with the initials AJAA, from the Pío Nono Bridge to the banks of the Mapocho River, on the afternoon of October 2, after a demonstration in Plaza Baquedano, the Public Ministry not only identified – and formalized a police officer as the person responsible for the fact that caused serious fractures and bruises in the minor, but also detected the possible attempt by other policemen to cover up the incident.
Thus, less than two days after the incident, the High Complexity Central North prosecutor, Ximena Chong, formalized Carabinero Sebastián Zamora Soto (22) in the 7th Guarantee Court of Santiago and charged him with the crime of frustrated homicide for having “pounced ”Against the student. At the hearing, conducted by Judge Jaime Fuica, the persecutor exhibited four videos, photographs and statements with which she supported her accusation.
According to the prosecutor Chong, there was a “direct malicious act” of the uniformed man, who “rushes diagonally against the adolescent, taking him with his arms and propelling him in such a way that he lifts him over the railing in question and makes him fall headlong towards the Mapocho River ”, he explained. Later, the persecutor added that “the Carabineros official does not carry out any action aimed at preventing the fall” and together with the “rest of the officials he leaves the place.”
In the instance, in addition, the Public Ministry outlined another antecedent: the existence of a “cover-up” by other uniformed men. An unknown fact until yesterday.
According to the prosecution’s records, on Friday night, shortly after the incident that injured the minor, the uniformed police sent the PDI a “detainee handover minute, an information report on the rights of the detainee” and three statements from law enforcement officials. Information that, according to prosecutor Ximena Chong, “does not match” with what really happened.
This, due to the fact that officials from the 1st and 40th Santiago Police Station made four phone calls, between 9:09 p.m. and 11:30 p.m., with the Central North prosecutors on duty to say that the adolescent who had fallen, and then had been admitted to the Santa María Clinic, was detained. These communications and the documents that, in turn, were registered in the Bitácora Web system, show that the uniformed officers informed the Public Ministry that the victim had been “delivered” to the 1st Police Station and detained at 8:40 p.m. in the clinic.
All this, according to prosecutor Chong, turned out to be false, since the treating doctors and the nurse who received the young man declared that the patient did not arrive under the custody of police and no uniformed person entered the health center to perform a procedure.
“The subsequent conduct of the accused tends to mediate and rightly try to cover up the circumstances surrounding the homicidal act as an alleged arrest,” said Chong.
With this background, the North Central Prosecutor’s Office decided to extend the investigation to more police officers, including others of higher rank than the uniformed detainee. The new crimes investigated correspond to obstruction of the investigation, falsification of public documents and cover-ups.
In the hearing held yesterday, the Public Ministry stated that the irruption of civilian rescuers “interrupted the homicidal causal course.
This situation was ruled out by the defense of Carabinero Zamora, represented by the lawyer Nubia Vivanco, who said that her client acted “in accordance with the institutional protocol of public order.” The lawyer explained that Zamora’s action corresponds to “a police technique and tactic of persecution and detention” that is trained and practiced in the Carabineros. “She added that her client used“ the least intense modality of said protocol, that is, the sole use and exclusive of his body to carry out a procedure of corporal reduction. ”According to the defender, the victim had the status of an offender, since he had committed the crime of attack against the authority, for which he should have anticipated that he would be prosecuted “The push of which they have spoken, as a general rule is not suitable or suitable to cause the result of death,” said Vivanco.
After hearing the prosecution and defense, Magistrate Fuica described the incident as “of the utmost gravity.” According to the judge, “such an arrest procedure never occurred” and ruled out that the student was committing a crime: “What the adolescent was doing was running down the western sidewalk.”
In turn, he said that the defendant’s conduct “at least satisfies the concurrence of eventual fraud.” For this reason, the court decreed his preventive detention, after considering that the freedom of the uniformed man represents a danger to the security of society. At the same time, it set an investigation period of 120 days and ordered the prohibition of approaching the adolescent by Carabineros officials. The defendant will comply with the precautionary measure at the Pudahuel Norte Police Station.