The negotiation between the parties took place after Jhonier Leal declared himself as the confessed murderer and recognized his responsibility for his brother’s crimes. Mauricio and her mother, Marleny Hernández, since she voluntarily requested the intention to reach an agreement with the Prosecutor’s Office.
In this sense, Elmer Montaña, lawyer for the victims, confirmed on his social networks that the hearing to present said pre-agreement will take place on March 29 from 8:00 a.m.
The penalist assured that this will serve for the “verification and approval of the preliminary agreement between the Prosecutor’s Office and Jhonier Leal”.
Johnier Leal case hearing. March 29/2022, 8 a.m.
The 55th criminal court of the Bgtá Circuit set a date to hold a hearing to verify and approve the pre-agreement entered into between the @FiscaliaCol and Johnier Leal.
– Elmer José Montaña G (@elmermontana) February 16, 2022
Thus, Jhonier Leal’s sentence would be around 27 years in prison, in addition to a fine of 200 current monthly legal minimum wages, which will have to be verified and approved by a knowledgeable judge.
In the event that a sentence is handed down, the alleged murderer will be confined in a penitentiary center since the pre-agreement does not include that he be deprived of his liberty in a special place.
The crimes for which he will have to respond are those of homicide aggravated by kinship, due to a state of defenselessness and cruelty, in a homogeneous and successive contest; and in heterogeneous material contest with concealment, alteration or destruction of evidentiary material element.
In accordance with Timeattorney Montaña will appear at the hearing as a representative of the victims to request that this agreement not be endorsed by the judge in the case.
Jhonier would seek to be declared incompetent
In the past week it became known that the defense of the confessed murderer would be looking for an alternative in order to reduce the sentence imposed or, in the best of cases, to be declared incompetent.
The new strategy would be to request a psychiatric examination for Jhonier, in order to determine if he has any type of illness that would exonerate him from his guilt.
In this way, it would be intended to demonstrate to the judge that, at the time of committing the crime against his brother and his mother, Jhonier did not understand the seriousness of his actions.