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The Arauco Guarantee Court rejected the order of preventive detention against the great-uncle of Tomás Bravo, the only suspect -for the Prosecutor’s Office- of the child’s death, after considering that the case history does not yet prove that the minor has been murdered, nor is there evidence linking the family member.
In an eight-hour hearing, the Arauco’s chief prosecutor, José Ortiz, formalized JEEE, age 57, as the perpetrator of the alleged crime of “qualified homicide”, aggravating the accused figure by assuring that he acted “treacherously and over-insured”; In principle, after the arrest on Friday, after the discovery of the body of the minor, he spoke of “simple homicide.”
The persecutor exposed findings from the site of the secondary event -where Tomás was found-, the characteristics and position of the body, the “absence of inferior clothing” in it, in addition to the preliminary autopsy report: this, although it indicates that the cause of death is still “undetermined and under study”, the prosecutor invoked that the content refers “subtle gross signs of cerebral edema consistent with hypoxia”, for which he pointed to an alleged suffocation committed by the great-uncle.
Prosecutor José Ortiz: The accused, betraying the trust of the family, caused asphyxia on the minor, which led to death #CooperativeInHome https://t.co/AIFOjuzsCF
– Cooperativa (@Cooperativa) March 2, 2021
He also detailed alleged “contradictions” in the statements that the accused was lending over time, the version that he considered was “structured and learned”; as well as the existence of the map drawn on a sheet, which was seized from the defendant, which, according to Ortiz, contributed to sustaining the “learned story.”
He also maintained that “mediating a not very tidy movement among the vegetation”, he left in the small “multiple abrasions on the scalp, face, upper plane, torso, upper and lower limbs, injuries that could not be produced by voluntary displacement, but rather with the deceased minor: this allows generating the hypothesis that these transfer maneuvers have occurred in two stages and different time intervals, one consisting of their transfer to a still undetermined point where they were not visible to the immediate traces of the day of the loss, and a second later stage where it was deposited in the definitive place of discovery “.
JUDGE DISMISSED EVIDENCE FROM THE PROSECUTOR’S OFFICE
However, the Guarantee Judge, Perla Roa, rejected practically all hypotheses upheld by the prosecutor, based on the existing antecedents at this stage of the investigation and the criminal process.
First, “the conclusions in the autopsy report of the SML are of vital importance, which indicates that the cause of death is undetermined and under study, but also adds that it is not possible to confirm or rule out the intervention of third parties in the event”, by which “it is not possible to have a homicidal action as proven at this stage of the investigation in the terms described in the formalization; Nor is it possible, based on expert opinions, to draw a scientifically reliable conclusion about the characteristics of the site of the event and the state of the minor’s body“.
🔴 LIVE: The Public Ministry verbally appealed the court’s decision, for which the defendant remained in preventive detention, in transit, until the Appeals Court of Concepción resolves the appeal. Research period: 6 months.
🎥 https://t.co/amBfxUiJoP
– Judicial Branch Chile (@PJudicialChile) March 2, 2021
Regarding the “forceful elastic type element” that, the prosecutor said, would have been used for the alleged suffocation of the minor, the magistrate also ruled it out for the time being because “the attendance is not credited at this point.”
Furthermore, “although the accused was the last person with whom the minor was alive, there are also no incriminating elements or evidence that have been collected or found on the defendant’s clothing, inside his vehicle or at his home that I can link it“.
About him Map shown by the persecutor, which was allegedly prepared by the son of the accused and was the “key” evidence, Judge Roa pointed out that “it constitutes a general sketch of the place where the minor was lost, and by itself it is not possible they intend to conclude and obtain that the accused gave a learned story based on this element, which also does not refer in any case to the site of the discovery event “.
“There are also no indications or data that would explain the motivation of the accused in the fact attributed to him”; on the other hand, injuries presented by the great-uncle they had a “six-day date” and -primarily- “they are not compatible with the date of the loss of the minor”, Roa complemented.
The map presented by the prosecutor, which was seized after the “voluntary authorization to enter the home of the accused.”
DEFENDER’S OFFICE VALUE “STRONG” RESOLUTION
At the hearing, the The defendant’s defense stated that there is not enough evidence “to speak of qualified homicide,” which is a “tremendous accusation.”In this sense, he denounced that “objectivity has been violated, they have accused him without any scientific evidence, contrary to all scientific antecedents, in particular the police investigation”, and that the suffering of the family has only been “exacerbated” .
Following the resolution, the public defender Cristián Sleman valued that, “in a forceful report, (the Court) concludes that here, at this stage of the investigation, It is not possible to attribute a criminal participation of any person, nor of our client“, underlining that” the SML, which made a wide-ranging expert opinion, not ruling out any hypothesis, including natural causes, has also determined that at this stage of the investigation there is an undetermined cause of death. “
🔴 NOW
Defender and plaintiffs report that SML reports say that Tomás’ cause of death is undetermined and under study. @Cooperative #CooperativeRegions #CooperativeInHome
– Nelson Ojeda Sazo (@nelsonojedasazo) March 2, 2021
Prosecutor Ortiz requested preventive detention for JEEE, a measure to which the plaintiffs did not adhere, among which are the Children’s Ombudsman, Tomás’s relatives – father and mother – and the Amparo y Justicia Foundation, among others.
But Judge Roa dismissed the precautionary measure, the highest in the Chilean penal system. The persecutor considered the decision as a “grievance” for the Prosecutor’s Office and verbally appealed immediately, due to which the accused was under the figure of “preventive detention in transit”In other words, he will continue to be detained until the Concepción Court of Appeals formally resolves the appeal.
JEEE used to be arrested on Friday, immediately after the discovery of Tomás’s body, and he was transferred to the PDI Headquarters in Lebu, which was attacked by people outraged by the boy’s death. For this reason, he was taken to the premises of the Police Homicide Brigade in Talcahuano. On Saturday, after the detention control and its extension until its formalization, he was referred to the Concepción Penitentiary Compliance Center, also amid insults and projectiles.
The corpse the little continues in the Legal Medical Service from the city of Penquista, where many people have come daily to express their condolences and demand justice. The forensic institute reported that there are examinations that can take up to 20 days.
🔴 VIDEO 🎥
NOW
The arrival of people to the SML of #Conception. So far there is no information about the delivery of the body of Thomas @Cooperative #CooperativeRegions #CooperativeInHome pic.twitter.com/5ugOXc2aKm
– Nelson Ojeda Sazo (@nelsonojedasazo) March 1, 2021
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