2023-09-18 20:58:48
José Gregorio Montaño He was sentenced today to 12 years in prison for the attempted femicide of Odra María González Trías, his ex-partner and mother of his two children, in Neuquén capital. Next Friday the 22nd will mark one year since the attack he committed on the corner of Lucas Lucero and Río Gallegos in the TCI neighborhood. He was prohibited from approaching the woman, who had reported him for committing gender violence. Despite this, he found her that day at 1:30 p.m. and He stabbed her at least 16 times with a 9.6 centimeter long knife.
Chief prosecutor Agustín García and plaintiff lawyer Silvana Colipi, from the free legal sponsorship service of the Ministry of Women, Gender and Diversity of the Nation, asked the court to impose The maximum penalty provided for this crime is 15 years. Public defender Verónica Zingoni requested the minimum of 10 years.
In a unanimous verdict, judges Marco Lupica Cristo, Gustavo Ravizzoli and Raúl Aufranc assessed as aggravating factors the “insistence or persistence of aggressive behavior” of the accused “which shows his severe determination in initiating, continuing and pursuing the armed attack on the victim.” This is in reference to Two young men intervened to stop him but could not get him to drop the weapon.
Also the extent of the damage. They stated that “the potential risk to the life of the victim” was proven, which had already She underwent two surgeries and will soon have a third to be able to recover part of the mobility of his left hand.
Aufranc, in charge of explaining the foundations, said that the survivor has “a functional limitation” performing “extensive rehabilitation on his hand to try to regain its functionality” and remarked “the consequent work limitations that he is also suffering.”
Regarding the context of physical, psychological, economic and sexual gender violence that Odra experienced, prior to the Montaño attack, The judge assured that it was not considered as a new aggravating circumstance because it had already been considered when The court declared him responsible on August 8.
Regarding the mitigating factorsthe court listed the lack of a convicted criminal record and the good work concept that their employers had. “He is a hard-working person and within that work environment (he worked as a welder) he has behaved correctly,” added Aufranc.
He also stated that it is a migrant, uprooted person -both the accused and the victim are originally from Venezuela- and that this is a vulnerable group according to the international treaties to which Argentina adhered.
The judge clarified that this is not a mitigating circumstance regarding Montaño’s behavior “in the intention of having wanted to kill the mother of his children. It is a behavior that, whatever the cultural and upbringing environment of a person, has an obviously disvaluable and reprehensible repercussion, beyond the question of roots or their status as a migrant person.
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