In Viña del Mar the trial began against a man accused of homicide, for whom the Prosecutor’s Office is requesting a 15-year sentence, accusing him of having shot five times against the subject who on January 1, 2022 entered to rob to his house, in Villa Alemana.
According to the accusation, Benjamin Pizarro entered the defendant’s property via burglary in order to steal species, coming face to face with the owner of the house, an occasion in which the criminal tried to escape.
However the owner fired five shots with a duly registered weapon, after which the thief died from thoracic-abdominal trauma from ballistic projectiles.
According to the statement of the homeowner and defendant in this case, everything happened after He, along with his wife, daughters, granddaughters and his elderly father-in-law They were going to bed after the New Year’s celebration.
“While I was asleep, my wife woke me up and told me that there was a person inside the house, I got up, went to the closet, took the gun out of the safe and opened the kitchen door and I came face to face with this person who was carrying something black in his hands. – which we later learned was a bottle of wine – and another thing that we later saw was a tablet,” the accused declared at trial.
He added that the subject “He comes and pounces, he tries to attack me and I back away surprised. (…) At that moment I don’t know if I fired a shot and then he ran towards the back of the house, which was dark at that time. (…) I went to tell my wife not to go out, to stay at home and to call the Carabineros,” said the accused, acknowledging having shot.
“Then some neighbors came out, some old people, because there were some people who were throwing stones and shouting things (…) A woman shouted ‘blood with blood’, ‘we are going to come and kill you’, ‘we are going to burn your house'”stated the accused.
“Legitimate defense budgets are not provided”
For the prosecutor Sergio Morales, This is “a case of those that are not typical of homicide and, by the way, generate certain discomfort when we say that a victim enters a home to rob a home.
“All, or most of us, have suffered the theft of our homes or our species and clearly Anger is the main thing in the victims against the accused who attack or steal species. It causes fear, anger and it is normal and acceptable,” said the persecutor.
However, he added that in this case, “we understand that the reaction of the homeowner, who It is a normal defense reaction that turns into a homicidal action, That is to say, Don Mario had the opportunity to deploy a defense, but not a defense like the one he carried out by shooting against this man who had entered his house to rob him.”
“The person who enters only carries one species in his hands, “There was no evidence that he was looting and, lastly, it was not necessary to confront this person and it was not necessary to shoot him five times in the back,” said the prosecutor in his opening statement, who concluded by saying that “the budgets for legitimate defense are not met.”
Two robberies
For its part, the private defense of the accused, Cristian Canifrou, pointed out that “we are faced with a hypothesis of legitimate defense, and not any legitimate defense, but one that the doctrine calls privileged legitimate defense.”
“It was four in the morning, at night, at my client’s home, a second robbery was being carried out, which It will be proven because that day between 3:55 and 4:05 in the morning, the alleged victim entered twice. My client has been required to react parameters to a stressful situation at the moment in which the individual is surprised inside his or her home.”
“It will be proven that the possibility of a reaction different from that of that day could not be demanded of any person who does not have military or police capacity,” Canifrou pointed out.
