One day before Christmas last year, on Christmas Eve, JGQ, 23 years old – whose identity we will protect so as not to affect the investigation proceedings – received important news. The most relevant of the last five years in which he was deprived of liberty, following being convicted of a robbery with violence and intimidation. He was in his cell in Colina I when, through the Gendarmerie, his lawyers informed him that they had managed to get the Santiago Court of Appeals to accept an amparo appeal and revoke the decision of the Parole Commission that a few weeks earlier had denied him the benefit. He was a free man once more. He had entered to serve a sentence when he was only 19 years old and once half of his sentence had passed he would return to the streets of Pedro Aguirre Cerda, the commune where he was born and where his family lives.
Six months later the same young man, who maintains a current address in the Lo Valledor population, according to expert reports from the Police OS-9 and interrogations of witnesses, is accused of being the main suspect in the cold-blooded murder of Police Corporal David Florido Cisternas (33), who received an accurate shot in the forehead while controlling a group of individuals who would have been carrying weapons at Av. La Marina 2850, in the southern sector of the capital. A short time lasted the social reintegration in which the judges trusted that –despite the warnings – they decided to grant the benefit of probation. The Tenth Guarantee Court of Santiago issued an arrest warrant once morest him and at this time he is frantically sought by the police.
The Corporal Florido crime once once more installed the issue of violence on the government’s security agenda. In fact, this Tuesday the Minister of the Interior, Izkia Sichesannounced that they are evaluating a bill that would allow increase the penalties for those who end the life of police officers or PDI in acts of service. But, along with it, it will be installed once more a debate regarding the benefits that justice deliversespecially considering that it was the prison authority itself that maintained that despite the fact that the convicted person complied with the objective benefits of the law, since he had served more than half of his sentence and enjoyed good behavior inside the prison , Doubts still persisted regarding whether he was capable of reinserting himself into society, especially – the reports say – taking into account the criminal friendships he had in the sector where he lived.
Already in December 2021 he had the prerogatives of Sunday and weekend departure. But if he hadn’t agreed to probation, he should have been in jail. until March 2024, when the total of his sentence was completed.
In the judicial file of the suspect, an account of the processing of the amparo is given. JGQ had been sentenced in 2016 to serve a sentence of eight years in prison for his participation, along with other subjects, in a robbery with intimidation and violence in a house in his own town. It is what in the underworld and the police call a “domestic”, referring to those who make neighbors victims of their crimes.
The accusation of the prosecution, on that occasion, maintained that “on July 5, 2016, at approximately 0:30 a.m., the accused, in the company of five other unknown individuals, proceeded to enter, by scaling the perimeter fence and then breaking the access door, to a building in the Pedro Aguirre Cerda commune, so that once inside, the accused proceeded, along with the other subjects, to threaten and intimidate victims, pointing at them with elements that look like a firearm, in addition to hitting both victims with blunt objects, ultimately stealing from inside the property, for profit and once morest the will of its owner, a red bag that contained various personal documentation and the sum of $180,000 in cash.”
During the trial to illustrate the violence with which the accused and his gang acted, the couple’s son declared the victim of the robbery. He maintained on the stand that that night “he felt very strong blows, he went over to see what was happening, he looked out into the hallway and saw two people intimidating his parents, taking them out of his room; he sees his father being dragged down the corridor, the subjects were armed, pointing at the room, he got scared and jumped on the people who were attacking his parents, with fist blows, he started fighting in the corridor of the house, pushing them to the dining room, they continued the fight, he had grabbed one and suddenly he felt a blow to the head with something blunt, the subjects are released and he sees how they escape.
Once admitted as a finished offender, it is recorded in the records of the Gendarmerie, the suspect in Corporal Florido’s murder was involved in a fight with rapiers in the former Penitentiary, and had to be transferred to Colina I. It was in this last facility that he achieved “good behavior”, That would allow him to apply for parole. However, he was slammed by the Parole Commission. His lawyers, Javiera Morales and Romina Riveros, appealed for protection before the Santiago Court of Appeals accusing that it was illegal to keep him deprived of liberty, since he already had a job and support networks in the external environment to reinsert himself. The court of appeal requested a report from the judges who made up the ad hoc instance.
This is how the secretary Olga Alarcon He explained to his superiors why they had not given rise to the benefit. “Among the documents analyzed by this commission it is possible to notice that the applicant presents a medium risk of criminal recidivismwith medium criminogenic needs in education, employment, criminal history and peers, since has had socialization with antisocial peers since adolescenceso that although it recognizes crime and its participation and does not present a tendency in favor of crime as a form of economic validation, and shows a favorable attitude towards social norms and conventions, It is estimated that a longer period of observation of the Sunday and weekend exit permits that the inmate enjoys is necessary, in order to avoid the risk of recidivism.”.
The case was reviewed by the Ninth Chamber, then made up of the Minister (S) Andrea Díaz-Muñoz Bagolini and the attorney member Eduardo Jequier Lehuede. Both declared that the commission had exceeded its powers and maintained that the psychosocial reports of the Gendarmerie can be used as guidance and not to “to form conviction regarding the forecast of the future behavior of the applicant in the free environment”. The decision of a room, that did not have any titular judgehad that yes the vote once morest the judicial prosecutor Jorge Norambuena, that he was regarding to reject the appeal and respect the decision of the Parole Commission. This judge opted for prudence and held that it was “of the opinion to reject the amparo appeal in view of the fact that there has been a very short period of observation in the fulfillment of intra-penitentiary benefits, resulting then more appropriate gradually strengthen their return to the free environment”.
Until the closing of this edition, the main suspect of the crime had not yet been arrested. However, he must once once more face justice, although this time he risks spending the rest of his life behind bars.
