TOP of Valparaíso sentences the perpetrators of homicide and arson of the Easter Island court to 5 years and one day in prison – G5noticias

TOP of Valparaíso sentences the perpetrators of homicide and arson of the Easter Island court to 5 years and one day in prison – G5noticias
TOP of Valparaíso sentences the perpetrators of homicide and arson of the Easter Island court to 5 years and one day in prison – G5noticias

The Oral Criminal Trial Court of Valparaíso sentenced Napoleón Alexis Icka Pakarati to 5 years of effective imprisonment, as the perpetrator of the completed crime of arson of the Court of Letters and Guarantee of Easter Island; and José Bonifacio Araki Tepano, Hernán Orlando León Pakarati, Mario Enrique Kiea Pakomio Osorio and Jonathan Alexander Araki Paoa, as perpetrators of the completed crime of simple homicide. Illegal acts committed in January 2019, in the island commune.

In a unanimous ruling (case role 415-2023), the court – made up of judges Jany Silva Dawson (president), Marcela Osorio Páez and Williams Vilches Flores (editor) – sentenced the accused Iovani Rafael Pate Tuki to an effective sentence of 3 years and one day in prison, as co-author of the crime of simple homicide; plus 41 days, as the author of the crime of minor injuries to police officers on duty.

In the case, the court sentenced José Bonifacio Araki Tepano to 41 days in prison for the crimes of simple damages; Jonathan Alexander Araki Paoa to the single penalty of 61 days of confinement as the author of the consummated crime of qualified damages against the Gendarmerie and damages against the Carabineros; and 61 days in prison as the perpetrator of the completed crime of minor injuries to police officers on duty.

The court also applied to all those sentenced, the legal accessories of absolute perpetual disqualification for public positions and offices and political rights and absolute disqualification for tenured professions for the duration of the sentences imposed.
Once the ruling is enforceable, the court ordered that biological samples be taken from the convicted persons to determine their respective genetic fingerprints and incorporation into the national DNA registry of convicted persons.

The court considered it proven, beyond all reasonable doubt, that around 1:00 p.m. on January 29, 2019, prior to the hearing to formalize the investigation for the crime of homicide against Juan Nahoe Hereveri, a mob that was on the outskirts of the Court of Letters and Guarantee of Rapa Nui, he was involved in disorders that resulted in damages against the court, the notary and the insular real estate conservator and injuries against personnel of the Gendarmerie and Carabineros on duty who were carrying out security work. containment in place. Likewise, once Nahoe Hereveri’s hearing began inside the court, the mob attacked the accused, leaving him with multiple contusions and causing moderately serious injuries, and then igniting plant elements that they threw inside the court, causing a fire that completely destroyed the facilities.

“That in this way the standard of conviction required by article 340 of the Criminal Procedure Code was reached, regarding the occurrence of the events that make up the crimes indicated in the thirty-seventh reason and the participation that corresponds to each of the accused. in the respective cases indicated therein in which the evidence for the prosecution was sufficient for this,” the ruling states.

In the civil sphere, the court accepted the lawsuit filed and sentenced Jonathan Alexander Araki Paoa, Hernán Orlando León Pakarati, Iovani Rafael Pate Tuki and Mario Enrique Pakomio Osorio to jointly pay the sum of $40,000,000 to the victim.

 
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