This Tuesday, the Coquimbo Guarantee Court left GMMA, a 14-year-old teenager accused by the Public Ministry as the author of the completed crime of homicide, subject to the precautionary measure of provisional detention. Illegal act perpetrated last Sunday in the commune.
At the formalization hearing, Judge Loreto Figueroa Tolosa ordered GMMA’s admission to the Closed Internment Compliance Center, considering that the freedom of the accused constitutes a danger to the security of society. In addition, she set the investigation period at 60 days.
In ruling, Judge Figueroa Tolosa stated that: “This judge understands that with the background information presented it is possible to justify the elements of the type of crime for which the adolescent has been formalized today and to reasonably presume his participation in light of the overwhelming of the antecedents.”
“In this case, two rules apply, firstly article 32, at least in the first part, which says that it will be appropriate when it comes to conduct committed by an adult would be a crime, which is the case in particular, since we are speaking of a simple homicide that is assigned a maximum prison sentence in its medium to maximum degree; Therefore it is effectively a crime sentence. Secondly, article 33 takes into account the principle of proportionality when precautionary measures are decreed with respect to adolescents, indicating that in no case may the judge give rise to a measure that appears disproportionate in relation to the sanction that is likely to be imposed. In this case, the legislator of the Adolescent Criminal Law forces the court to make a sentencing prognosis, which in this case is considered that, unlike what the defense points out, here it is only appropriate to lower one degree, but in no case It is lowered one more degree because the closed regime limit is 5 years,” he added.
Likewise, he reasoned that: “The fact that the system has ultimately failed this adolescent cannot mean affecting the security of society. It is a quite serious event: the life of another teenager is also irremediably lost, the time of occurrence in broad daylight on streets that have a large influx of vehicles and pedestrians, which clearly could have placed other people at risk. Furthermore, the accused, not content with having caused these short penetrating wounds to the victim’s body, pursues him and, as seen in the video, does not even keep the knife, always running firmly in his hand, probably perhaps to be able to finish what he started. ”.
“This judge understands that any other precautionary measure would be insufficient to guarantee the security of society, understanding that it is the only appropriate precautionary measure in order to guarantee or achieve that goal, so taking into consideration what is stated and what is provided for in different articles, it is “Accedes to what was requested by the prosecutor and accesses the precautionary measure of provisional detention because the freedom of the accused constitutes a danger to the security of society,” he concluded.
According to the pursuing entity, at approximately 3 p.m. on April 28, 2024, the minor victim was walking with a brother on Juan Antonio Ríos Street in the Coquimbo commune, where they were intercepted by the accused GMMA who was carrying a stab weapon (knife), and without provocation from the affected person, attacked him on at least three occasions: on the chin, left shoulder and in the lower third of the left hemithorax, causing his death on the spot due to a short penetrating chest-cardiac wound. .
After the attack, the accused fled the scene, but was later arrested by personnel from the Homicide Brigade of the Investigative Police, at his home.
