Of the policemen They were found guilty in the trial for the death of Diego Caglierothe 30-year-old musician who was shot during a case considered to be “trigger easy” occurred in 2019 in the Buenos Aires town of Martín Coronado, although with covers with lesser penalties to which both the defense and the complaint representing the victim’s family aspired.
The verdict was announced shortly before midnight on Wednesday in Court 1 of the San Martín Judicial Department, following more than four hours of deliberations on the event that occurred on May 19, 2019 in the town of Martín Coronado.
The popular jury found police officer Rodrigo Canstatt, 26, guilty of “culpable homicide” for negligence for having shot Cagliero following a persecution that originated following, together with friends, they argued with employees of a Día supermarket for taking merchandise without paying.
Police officer Sergio Montenegro, 34, was also found guilty of attempted homicide but for excess of duty following having shot a friend from Cagliero.
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The sentences to the policemen were reached with ten votes of the jury out of twelve.
Although the judge in the case, Marcelo Machado, has not yet ruled on the sentence, these crimes do not deserve penalties of more than five years in prison, and in the case of Castatt, he has already served three years and nine months in prison.
The trial prosecutor, María Fernanda Billone, had requested that the police officers be sentenced as co-authors of the crime of “aggravated homicide for abuse of their duties” in varying degrees of participation, which provides for the penalty of life imprisonmentin accordance with the representation of the Cagliero family, embodied in the lawyer Fernando Sicilia.
The defense lawyers pointed out that it was a case of “self defense” and, secondarily, they requested that the juries decide on an “excess in legitimate defense” or a “culpable homicide.”
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How was the sequence before the death of Diego Cagliero
The incident had originated when Cagliero was with six friends in a Fiat utility vehicle, following attending a wake, and they had staged a incident with employees of a Día chain supermarket.
Some members of the group had tried take merchandise without paying and following discussion with the staff of the establishment, they returned some objects, although others managed to take them.
The employees notified the Police and a raking operationwhich ended when the truck, which had the logo of the Aysa firm inscribed, was surrounded on Márquez and Campó de Mayo avenues.
There the driver tried to make an evasive maneuver and the two police officers opened fire on the vehiclehence Cagliero and one of his friends, Mauro Tedesco, were shot.
While the musician died from the shots, Tedesco was seriously injured, but ultimately survived.
The police officers alleged that they responded to a shooting attack by the Cagliero group, but the various expert tests carried out and the testimony of other police officers who participated in the operation agree that The occupants of the van did not fire shots..
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The victim’s mother following hearing the verdict: “Diego was shot once more”
Adriana García, Cagliero’s mother, criticized the popular jury’s verdict, pointing out that his son “was shot once more”although she was moderately satisfied because the policemen were considered guilty.
“They are and will be guilty of the death of my son until the last breath of their lives”he expressed to the Non Fiction Web site.
In the same sense, he recalled: “Diego died at 12 at night once more. And there were not only the police, it was justice and these inexperienced judges. Diego was shot once more.”
The musician’s mother, who at the time of his death was regarding to be the father of a child, considered that “Justice was not up to the circumstances” and warned, regarding the popular jury, that “twelve ordinary people cannot be subjected to judging two policemen.”
“We were in a room surrounded by police, that generates yes or yes a certain predisposition. Everything was prepared for the sentence to be this way,” he lamented.
As for the fact that a jury trial cannot be appealed, he said: “We got where we might, there are a lot of families that never get to bring members of the police force to trial.”
NA/CA/ED
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