Anuar Rafael Cabarcas Altamar, alleged author of the feminicide of his former sentimental partnerDiana Patricia Cuello Padilla, was released by order of the First Municipal Criminal Court with Guarantee Control Functions due to the expiration of terms.
The events occurred on February 23, 2023 at the victim’s residence, located on 7 C Street in the Divino Niño neighborhood of Valledupar. Cabarcas faced charges of aggravated femicide and aggravated robbery.
Cabarcas’s defense requested his release based on article 317, Section 5, of the Code of Criminal Procedure (CPP), which allows you to request release if the trial hearing does not begin within one hundred and twenty days after the presentation of the indictment. In this case, the indictment was presented on January 15, 2024, and the defense argued that 157 days had passed without the oral trial beginning, discounting 16 days, which left a total of 141 days in favor of the freedom of Cabarcas.
The request was supported by the Public Ministry, and The judge decided to grant Cabarcas freedom, even though he had been denied it on two previous occasions.
According to investigations, Cabarcas expressed his intention to cause harm to Diana because she was pressuring him to pay a debt of 22 million pesos, of which 7 million corresponded to the sale of a motorcycle without permission.. Cabarcas offered Luis David Ospino to settle a billiard bet debt with a television and a cooler in exchange for his collaboration in the incident.
According to the Prosecutor’s Office, on the day of the femicide, Diana allowed Cabarcas and Ospino to enter her house. Once inside her, Cabarcas physically attacked her and, when Diana tried to escape from her, Ospino pushed her towards Cabarcas, who He proceeded to brutally hit her in the face with bricks, until she died.
The victim’s relatives rejected this decision and are currently holding talks with the Ninth Criminal Court of the Circuit in order to advance the formulation of charges. For his part, Cabarcas will continue to be linked to the process and must appear at hearings when required by law.
