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José Antonio Duarte Leiva, 56, died this Friday, in the middle of a traffic accident. Duarte was traveling on a bicycle and was hit by a truck whose driver fled. The driver was later identified and captured. However, a judge released him.
The accident occurred on the La Caro bridge, in Chía, at kilometer 6 + 290 of the Bogotá-Tunja road. A security camera captured the incident, and in the video – which went viral – it is observed how José Antonio falls from the bridge.
(We suggest you read: He was José Duarte, the cyclist who died after being run over)
Driver He was located in Sopó, Cundinamarca, and hours later he was released because his capture was not made in flagrante delicto, that is, at the time of the event.
The death of Duarte generated a wave of rejection and indignation, especially when it emerged that the driver was free. EL TIEMPO consulted with two legal experts, who presented their position on the matter.
(Read also: In video: taxi driver threatens to throw the car at a cyclist in Medellín)
The criminal lawyer Francisco Bernate said that the driver was released because “he fled and was captured some time later, when a significant period had elapsed between the events and the capture.”
The capture must occur in flagrante delicto, that is, at the time of the fact, and if they are going to catch it later, it must be done with the videos, a request before a judge for control of guarantees
Bernate points out that in Colombia “The capture must occur in flagrante delicto, that is, at the time of the fact, and if they are going to catch it later, it must be done with the videos, a request before a guarantee control judge, who issues the arrest warrant “.
(In context: Van driver hit and killed cyclist in Chía)
According to the jurist, “the error in this case is all of the Prosecutor’s Office“, which, he warned,” he hastened to capture, in a situation that was not in flagrante delicto “, since he did not evaluate the situation, so the judge could not make any other decision than to release the driver.
“This is a true tragedy, since it is unprecedented that so long later these mistakes continue to be made by the Prosecutor’s Office,” Bernate said.
(Also: The figures for road accidents with cyclists in Cundinamarca)
The next step, according to the lawyer, was to go before a judge to issue the arrest warrant.
Here we do not see a traffic accident, we do not see a fortuitous event, we do not see an oversight. What we see is an eventual pain, because the driver did not mind taking the cyclist in front of him.
For his part, the criminal prosecutor, Andrés Garzón, assured that the driver could not be released because, according to the images that have been observed – in the video -, “here we do not see a traffic accident, we do not see a fortuitous event , we do not see an oversight. What we see is an eventual pain, because the driver did not mind taking the cyclist in front of him. He had it in his line of sight, even if he was in the left lane. He runs over it and goes on. “
He stressed that the driver, as can be seen in the video, did not make any maneuver to evade him or give him help, for which Garzón reiterates this is an eventual intentional homicide.
(It may be of interest to you: José Duarte’s death in Chía revives the challenge of reinforcing road safety)
“The Prosecutor’s Office should have charged him with the crime of possible intentional homicide and brought him before the judge of guarantees and request the security measure, because the driver’s indolence is seen, when coldly running over the cyclist,” Garzón said.
With this argument, the lawyer highlights, the Prosecutor’s Office failed to request the arrest for the correct crime.
Driver would not go to prison
On the other hand, the lawyer Bernate pointed out that, despite the aggravating circumstance that the driver had fled, he will most likely be charged with the crime of culpable homicide, which, in his opinion, in the middle of a traffic accident, could release the driver under the stage that he accepts the charges.
“Here we would be faced with an act of recklessness, aggravated by the escape. You will be charged, but the freedom of the driver may be restricted, that option is very minimal“said Bernate, who indicated that he could plead guilty and could receive a minimum sentence of 12 months, which is releaseable.
(We suggest you read: Van driver hit and killed a cyclist in Chía)
At worst, Bernate noted, If the driver does not accept charges, he would be exposed to a sentence between 4 and 5 years, in house arrest.
If the theory of the lawyer Garzón is accepted, of an imputation for the charge of possible intentional homicide, the driver is exposed to a sentence of between 17 and 37 years in prison.
Other news of the day from the Justice section
– Life sentence: with 25 years in prison, the perpetrator would regain freedom
– For a woman fell ‘Japanese’, one of the most wanted drug traffickers in the country
JUSTICE
On twitter: @JusticiaET
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