2023-05-01 20:06:59
Alfredo Nahuelcheo, Marcelo Contreras, Maximiliano Vitali Méndez and Alejandro Gattoni will face trial for the death of the young Río Negro Police officerGabriel Mandagaray, who died while taking a course to enter the Special Operations and Rescue Corps (COER) on April 15, 2021 in Bahía Creek.
The hearings will take place from 8 a.m. to 2 p.m. from this Tuesday until Monday the 8th when the closing arguments will take place. The court will be made up of judges Carlos Reussi, Iganacio Gandolfi and Marcelo Álvarez.
During the hearing of pleadings will be opened this Tuesday and then the statement of regarding nine witnesses is awaited, which will continue during the week.
To the instructors Nahuelcheo, Contreras and Vitali Mendez; and the then head of the COER Alejandro Gattoni, are accused of being co-authors of the crimes of manslaughter, abuse of authority and breach of the duties of a Public Official. Besides, In the same debate, one of the defendants will be tried for the crime of minor injuries caused to another student.
The hard facts, according to the accusation
The training course began on April 12, 40 km from Bahía Creekwhere the instructors and the coordinator made the students enter a pool of water and then start the walk to said beach where they camped until the next day.
At that time they were subjected to a “excessive physical and psychological exhaustion that caused them injuries to their feet and hands and psychological complications, all in a context of poor nutrition and hydration; without sufficient day and night rest, without check-ups and/or medical assistance in place, without adequate means of communication, without adequate ambulance or first aid equipment. It also points out that “forcing them to endure humiliating practices such as urinating on them, putting animal excrement masks on their faces and making them enter the sea late at night, in complete darkness and without any security measures and completely naked to make them walk during the night in those conditions.
The accusation detailed that “laws and regulations that govern them were thus not observed, such as Resolution 2748, the Organic Law of the Police, the Code of Conduct for officials in charge of enforcing the law and article 16 of the Constitution of the Province of Black river”.
There is a second fact that will seek to prove in court that it is the authorship of the agents of what happened on April 15, between 3:00 p.m. and 6:00 p.m. when, within the framework of a training session and in the presence of the coordinator who expressed no objections, the instructors made Mandagaray enter the sea -up to a distance where there was no footing- along with two companions in full police uniform, including boots, all regulatory weapons without life jackets and/or torpedoes, without support boats, without the foresight and assistance of lifeguards and without the control of personnel from the Naval Prefecture and/or any other security measure, and in the context of wear and tear physical and psychological in which the students were as a result of the demands of the previous days.
Previously Mandagaray had stated that he “did not know how to swim”, notice to which they ignored urging them to enter, carrying between the three of them a trunk approximately 2 meters long, which made it difficult (added to the weather and tidal conditions) for them to get out of the sea while asking for help.
Two of them might be helped by their companions (who were on the shore waiting their turn), while Mandagaray might not get out of the water, it sank and following an hour he was expelled by the sea, lifeless, regarding 200 meters from the place where they had entered.
It will also seek to prove the third of the facts for which only one of the agents is accused of having attacked another of the students kicking him and stepping on him in the lower end area of the spine, while he carried out drag exercises in the sand, uniformed, with a travel backpack and a machine gun.
The assault produced fracture of the 1st coccyx vertebra so the victim had to leave the course that same day.
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