The Public Ministry (MP) requested this Monday, April 22, a sentence of 50 years in prison once morest Edgar Leonel Marroquín Barrera for the crime of femicide. Marroquín is accused of the death of his niece Chelsiry Hernández.
Marlon Ordoñez, from the Prosecutor’s Office once morest the crime of Femicide, requested 50 years of incommutable prison once morest the person accused of the femicide of Chelsiry Paola Hernández, 12 years old, which occurred in February 2020.
During the conclusion of the trial, the prosecutor stated that there is sufficient evidence to prove Marroquín’s participation in the death of his niece.
The cause of death of the minor is undetermined, according to the evidence presented by the MP, but following a chemical and forensic analysis it was established that Chelsiry was still alive when she was charred in a sector of Villa Canales, Guatemala.
The examination would have shown that 30% percent of carboxyhemoglobin -protein- was found, an indication that Chelsiry was still alive when his body was consumed by the flames.
Prosecutor Ordoñez added in his conclusions that at the time the crime was committed there were family relations between the accused and the victim.
He highlighted that there was premeditation and treachery, because they are those forms and ways in which the victim might not rid herself of the evil that came upon her and be able to evade it.
He added that the fact has been corroborated, therefore the presumption of innocence is void and requested that the evidence reproduced in the courtroom be given probative value.
While the representative of the Women Transforming the World Association, which acts as an adhesive plaintiff in the case, also requested the maximum sentence of 50 years in prison once morest Edgar Marroquín.
He indicated that there are aggravating circumstances in the incident such as the way in which the victim was acted upon.
The complainant, Gabriela Mena, from the Children’s Shelter, pointed out that the report from the National Institute of Forensic Sciences (Inacif) detailed that traces of gasoline were found on Chelsiry’s body.
He also mentioned that the fuel would have been used when the minor was still alive. He also asked for the maximum sentence of 50 years.
“A maximum prison sentence of 50 uncommutable years is imposed, plus the aggravating circumstances of treachery, premeditation, artifice, abuse of superiority, cruelty,” said Mena.
The girl’s body was found burned in a sector of the municipality of Villa Canales.
While the defense lawyer, Fidencia Orozco, argued that during the investigation, the MP did not use international protocols and standards. In addition, she mentioned that there was no scientific investigation based on a methodology that is special for the research entity.
“Unfortunately, the complainants also adhere, adhere and adhere, but they do not really contribute to the investigation. Then this becomes somewhat monotonous and boring,” said the lawyer.
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He stated that the Inacif forensic medical report indicates that it might not be determined the cause of Chelsiry’s death nor whether she was alive when she was burned.
He emphasized that the forensic doctor indicated that the manner of death was not determined and “something very important, when the body was burned, the body was lifeless.”
Then he questioned: “What is the crime for killing a dead body? because the forensic doctor indicates it, the body no longer had life, when it was burned it no longer had life.”
She also asked that Edgar Marroquín be acquitted of the crime of femicide for which he is accused by the MP, since according to her, his participation in Chelsiry’s death cannot be proven.
The lawyer asked the Second Criminal Sentencing Court for Crimes of Femicide and other Forms of Violence once morest Women to issue a sentence once morest Marroquín for the crime of self-concealment.
On the followingnoon of this Monday, April 22, the hearing ended and the sentencing once morest Edgar Marroquín was scheduled for April 29 at 9 am.
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