2024-10-20 01:52:00
Ramiro Agustín Gutiérrez, convicted of the murder of Facundo Castillo and five other attempted murders, was sentenced to 12 years in prison to continue preventive detention. The Provincial Court of Appeal (TIP) rejected a request by Gutierrez’s private defender to He was granted house arrest with an electronic bracelet to monitor compliance with the measure.
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But the TIP, composed of judges Carlos Mussi, Adrián Zimmermann and Miguel Ángel Cardella, Dismissing the appeal filed by the defence, and confirming the decision of Cipolletti Judge Guillermo Merlo, the judge on 2 August rejected the request to reduce the preventive detention.to de Gutierrez. TIP delivers its verdict on October 16.
Private defender Damian Torres explains Gutierrez has been in preventive detention since December 21, 2021.
He recalled, The conviction has not yet been finalized as a petition is pending before the Supreme Court.
He claimed that Melo’s decision was arbitrary for two reasons: “Because it failed to correctly apply the legal principles of the High Court, and because it failed to assess the procedural risks and whether they could be eliminated by other means.
Torres insisted that due to the length of time Gutierrez was detained “His preventive detention has become an early sentence.” He noted that he demonstrated that there was an option to eliminate procedural risks by placing him under house arrest in Luis Beltran with an electronic bracelet.
He requested that Article 114 of Rio Negro’s Criminal Procedure Code be declared unconstitutional. That article stipulates that the deprivation of liberty “shall not extend continuously or intermittently for more than one year, unless the prosecutor has reasonable grounds to believe that the specific circumstances of the case and the complexity of the matter justify a longer period”. It cannot be extended beyond 18 months in one case.. However, the article in question clarified that “the time period required to prove extraordinary resources has not been calculated.”
Prosecutors and complaints ask for his continued detention
Chief prosecutor Santiago Marquez Gaona echoed the defense’s arguments. He insisted that in Gutierrez’s case, “the length of detention is proportional to the sentence imposed.”
he argued that he“Gutierrez’s sentence increases the procedural dangers of escaping, knowing he has no further chance of avoiding prison time.” To this end, he asked the TIP to dismiss the appeal and confirm preventive detention, as Mello did in his resolution.
Juan Coto, a lawyer representing relatives of the victims, is the plaintiff in the case.He agreed with the prosecution. He also asked that the defense appeal be dismissed.
Musi recalled A popular jury found Gutierrez guilty in mid-May 2023, and a technical judge sentenced him on June 16, 2023, to 12 years in prison for simple homicide, equivalent to five counts of attempted murder.
Gutierrez’s conviction
Gutierrez found guilty The incident occurred a few minutes after 7 a.m. on December 19, 2021, In Julio Dante Salto Street, near Cipolletti National Road 22, At the exit of a party at the “Finca La Nonnina” estate, and after a fight involving friends of Gutiérrez and friends of Facundo Castillo.
Gutierrez driving his BMW X1 truck He walked towards the intersection of Julio Dante Salto and National Highway 22. After passing the traffic light, he made a U-turn and sped toward the west shoulder of Salto Street with the intention of killing the group of people he had previously clashed with. Juan Diego Tomas, Abril Castillo, Juan Jose Rincorio, Diana Zurita, Matias Miranda and Facundo Castillo A place I have traveled to.
He hit Castillo with the front of his car, and Castillo got stuck under the truck, dragging him 14 meters. The victim’s body lay at the scene and Gutierrez fled.
CSplinter suffered multiple fractures and was seriously injured. He passed away at 4 p.m. that day. Gutiérrez was unable to run over the other five young men due to the intervention of Matias Miranda, who after noticing the truck’s movements They were all pushed over, thus driving them out of the path of the vehicle. Gutierrez was arrested hours later.
TIP judge rejects Gutierrez defense appeal
Musi maintains, as Judge Mello maintains, that apparently “The Department of Defense must demonstrate that the real risk of escape is reduced.” “The latter will obviously not happen simply by the passage of time and the progression of the procedural case, because in the final cases (Court of Appeal and High Court) the sentence of twelve years’ imprisonment was confirmed, “Musi stressed.
To that end, he voted to dismiss the defense’s appeal and affirm Mello’s resolution. Zimmerman and Kadera persevered.
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