2023-05-11 22:06:44
This Friday the verdict on the three instructors Alfredo Nahuelcheo, Marcelo Contreras and Maximiliano Vitali Méndez will be read; and the coordinator Alejandro Gattoni as co-authors of the manslaughter of Gabriel Mandagaray who died during a course of the Special Operations and Rescue Corps (COER) of the Rio Negro Police on April 15, 2021 in Bahía Creek.
During the five hearings that were held in the auditorium of the Viedma courts, with the participation of regarding twenty witnesses among them classmates who provided details regarding what they experienced. “They made us enter the sea two by one, I did it with Mandagaray, we held hands, we entered and they told us when we had to leave.” They also pointed out that Mandagaray warned from the first day they arrived at Bahía Creek that he did not know how to swim. “He reported it before we had the final test where he cost him his life.”
The Prosecutor’s Office affirmed in the final arguments that «they carried out a basic COER course in a place and time that was not the one provided in the Resolution that approved it”.
To the instructors Nahuelcheo, Contreras and Vitali Méndez; and the then head of COER Alejandro Gattoni, they are accused of being co-authors of the crimes of manslaughter, abuse of authority and breach of the duties of a Public Official. In addition, in the same debate, one of the defendants will be tried for the crime of minor injuries caused to another student.
and added that they «they modified the place, took the students and got them out of a truck in a ranch near Bahía Creek, at night, wet and with low temperatures ». Thus, they began to subject them to “degrading behaviors” in a framework of “excessive physical exhaustion and little food and hydration.”
Another compelling testimony was from the forensic doctor, Araseli Panetta, who spoke of a “death in custody” due to the “absence of the State.”
«From legal medicine these types of deaths are linked to what we call death in custodybecause they are acts or omissions of the State, of its organs, of its agencies or of the agents that are in charge of the State, to care for that person, or, for breach of the obligation of the State to protect the right to life » pointed out the professional.
The testimony of the coroner in charge of the autopsy of Mandagaray’s bodywhich it completed with the collaboration of other organizations such as the Forensic Medical Corps of the Supreme Court of Justice, had affirmed that it carried out a study of the legal medical case and requested complementary studies.
He explained that he found “vital injuries, which were produced during life, and postmortem, that were produced following death or very close to it. Among the first, he pointed out injuries that “were produced with or once morest the trunk”, others “that might not be discriminated whether they were due to training or the trunk” and “injuries that did occur during training”.
He added that “Gabriel Mandagaray was subjected to physical and mental demands from days before the event” highlighted the professional and said that “several mechanisms are involved that are essential for subsistence, such as food, hydration and rest.”
During the final arguments last Monday, which completed the trial, the four defendants for the death of Rio Negro Police officer Gabriel Mandagaray pointed to each other to determine responsibilities.
The fact might not be denied by the instructors Alfredo Nahuelcheo, Marcelo Contreras and Maximiliano Vitali Mendez; and the coordinator Alejandro Gattoni. Although the strategy of each of his lawyers was to minimize the involvement of sending Mandagaray to sea with a log.
Today the verdict of the court made up of judges Carlos Reussi, Marcelo Alvarez and Ignacio Gandolfi will be announced. They will only define guilt since in a next hearing that will be for cessation, the penalty will be discussed.
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