2024-05-06 15:47:38
The Justice resolved annul the conviction to two years in prison once morest the policeman Luis Chocobar and requested that a new oral debate be held. This was confirmed by the officer’s lawyer, Fernando Soto.
“Chamber II of the National Cassation annulled the oral trial once morest Chocobar. Order a new oral trial”Soto reported on his Twitter account. At the same time, she celebrated: “Law and order!”
Chocobar had been sentenced to two years of suspended prison and five years of disqualification in 2021 for having shot dead the criminal Juan Pablo Kukoc, who stabbed an American tourist in the Buenos Aires neighborhood of La Boca in 2017.
The sentence was releaseable, so the Buenos Aires police officer was not arrested. However, at that time his lawyer had warned that “they ruled once morest the evidence of the case.”
“For Argentine security, this ruling is sad,” he said. Patricia Bullrich at that time. The current Minister of Security was also fulfilling duties in that position when the episode occurred and she was one of the political figures who most supported Chocobar throughout the process. “The police officer acted in the line of duty,” he noted on the day of the sentencing.
Luis Chocobar in Comodoro Py. (Photo: Télam).
In its foundations, the Oral Court of Minors No. 2 considered “unnecessary and disproportionate” the shot final that caused the death of the assailant, since he was not “dangerous to anyone”, and determined that the convicted man failed to comply with “national and international regulations” on the use of weapons.
Judge Pisano explained that Chocobar was in civilian clothes when he saw the American tourist Frank Wolek that asked for help following being assaulted and stabbed by two criminals who stole his camera, one of whom turned out to be Kukoc, who ran away.
“It is evident to me that the beginning of their actions was completely justified in accordance with the legal framework that regulates their activity. But at a precise moment in the chase, the action of the accused police officer was no longer justified to become excessive in extent and intense, because it is unnecessary and disproportionate to the legitimate purpose originally proposed,” he noted.
Luis Chocobar and Frank Joseph Wolek, the American photographer who was stabbed in the Buenos Aires neighborhood of La Boca in 2017 (Photo: Télam).
For the Court It was not a case of “self-defense.” as the defense of the force alleged at that time, since “a few seconds later he deviated from the permissive regulations by wounding Kukoc with his last salvo when he was already at a considerable distance, without weapons in sight, nor posing any danger.” .
“In a nutshell, Chocobar should not have fired that last shot that hit Kukoc on his left leg as he ran away without being dangerous to anyone. The apprehension of a suspect cannot be accepted by sacrificing compliance with mandatory national and international regulations that reasonably regulate the timely use of the weapons assigned to police personnel,” he stated.
Finally, the judge assured that “Chocobar had no intention to kill as demonstrated by the proven rebound impact in the lumbar region, the wound in Kukoc’s left leg, and the fact that he immediately stopped firing when he saw him fall to the ground,” so he discarded the hypothesis of the complaint that it was a “aggravated homicide committed in abuse of police function”, which provides for the penalty of life imprisonment.
How was the Chocobar case?
On December 8, 2017, the American tourist Frank Wolek (60) He was walking through the neighborhood of La Boca and shortly before reaching Caminito Street he was surprised by two criminals that his photography equipment was stolen.
At that moment, one of the assailants, Juan Pablo Kukoc, stabbed him a dozen times in the chest and left him seriously injured. He then fled the scene on foot.
A few blocks away, the young man was intercepted by two people who had seen the attack and Chocobarwho at that time was the Local Police of Avellaneda, He identified himself and asked him to stop.. The young man did not do it, he tried to escape and the cash shot and killed Kukoc from a bullet in the back.
An expert report carried out by experts from the Federal Police revealed that the bullet fired by the police officer and killed the thief first it bounced off the asphaltwhich for his defense shows that did not aim to killbut to the legs.
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