2023-07-04 19:27:40
The family of Miqueas Ermoli (20), from Río Tercero, continues to wait for Justice to be done for the absurd death of their son.
On March 31, 2016, the young man finished doing his job, cleaning pools, and went to carry out a procedure. Just as he was crossing the street, some Telecom service cables tightened and lifted him several meters from the scene, which ended in a fatal fall once morest some bars on the sidewalk in front where the victim was.
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Several vehicles intervened so that these aerial cables tightened and wrapped the victim.
Four years ago, prosecutor Alejandro Carballo brought the case to trial, but that resolution is not yet firm, because one of the defendants opposed it.
Now the file is waiting in a court office in Río Tercero, so that this ruling is final and the case can have a trial.
Carballo’s accusation concluded with three defendants for aggravated manslaughter and aggravated manslaughter: Christian Biondi (47), Manuel Irusta (61) and Joel Felice (25).
Shortly following the elevation to trial decreed by Carballo, Irusta filed an opposition appeal, which has not yet been resolved.
The investigation pointed not only to the death of Micah, but also to the injuries suffered by Irma Calbacho and Guillermo Anziani.
In Carballo’s judgment, the defendants had “negligent conduct.”
For Carballo, Biondi, the bus driver who flipped the cables, had “an imprudent responsibility.”
The bus, with two floors and 3.80 meters high, entered a street where the cables were at a low height.
The prosecutor understood that “he should have stopped, not followed the route,” according to what appears in the court file.
In a section of the case, it is stated that, according to the regulations on airlines, the cables had to be 5.30 meters high, when in reality they were 4.05 meters; that is, 1.25 meters below.
In the case of Felice, the other driver who was driving an Iveco truck –at the other end of the square–, the prosecutor understood that “due to the speed and distance, he might see the cable that was 2.65 meters high.” . In the file, he stressed that “Felice was able to avoid the impact through careful, careful and diligent driving.”
For the prosecutor, “the omissive responsibility” of Irusta (Telecom employee) is in relation to “the prevention and control of the good condition of the facilities.”
The event occurred around the plaza located on Troilo and Belisario Roldán, a few meters from the city’s Bus Terminal, in the Escuela neighborhood.
In that area, as in other parts of the city, there are usually service cables that do not meet the corresponding height.
the lawsuit
Micah’s parents appeared as plaintiffs in the case investigating the death of their son.
Carlos Ríos, the plaintiff lawyer, told La Voz that “the legal action has not been effective.”
He stressed that “since the date of the event, more than seven years have passed without the Justice having given an adequate response to the situation of the accused and the complainant.”
The file is today awaiting -Ríos provided- a resolution of the Control Court of Río Tercero, following having remained, inexcusably, for more than two years in the Second Shift Prosecutor’s Office.
“Micah’s parents need to close this chapter and they have not felt contained by the system. I believe that it is a case where there is a violation of the right to effective judicial protection of Article 25 of the American Convention on Human Rights, capable of generating international responsibility of the Argentine State ”, he concluded.
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