PREVENTIVA PARA UN HOMBRE DE 59 AÑOS, ACUSADO DE VIOLAR Y DEJAR EMBARAZADA A UNA JOVEN DE 14
El juez de Garantías N°3 de la Primera Circunscripción, Marcos Flores Leyes, dictó la prisión preventiva a un hombre de 59 años, acusado de abusar y embarazar a una adolescente de 14 años. De esta manera, el magistrado hizo lugar al pedido de la fiscal María Del Valle Durán, quién solicitó, en la audiencia de formulación de cargos que se desarrolló este miércoles a la mañana, que la medida de coerción personal sea por 120 días.
La fiscalía entendió que este plazo es el necesario para la incorporación de una serie de elementos probatorios tales como entrevistas a familiares de la víctima, informe de Cámara Gesell a una de las hermanas de la adolescente; pericias psicológicas e informes médicos. El sospechoso permanecerá detenido en el Servicio Penitenciario Provincial y se le imputó los delitos de abuso sexual con acceso carnal, resistencia a la autoridad y lesiones graves agravadas por ser un miembro de la fuerza policial.
El acusado fue denunciado por la madre de la víctima. El 11 de agosto pasado la Fiscalía de Instrucción ordenó su detención y, cuatro días después (el lunes 15), una consigna policial fue hasta su domicilio de Juana Koslay a notificarlo de la medida judicial. Sin embargo, de acuerdo a lo que informó la Policía, cuando se le dio aviso respondió agresivamente, empujó a uno de los agentes y escapó en su vehículo.
Cuando los policías intentaron detenerlo, golpeó a uno de ellos con la puerta de su camioneta y mordió a una agente en una de sus manos. Horas después, cerca de las 22:30, se presentó en la Comisaría 1° junto a sus abogados defensores, Alfredo García Garro y María De Pascuale, y luego fue trasladado a la Comisaría 7°.
El nuevo Código Procesal Penal Provincial establece que la prisión preventiva la resuelve el juez de Garantías, a pedido del fiscal o bien de la querella. Por tratarse de la medida más grave que puede sufrir una persona que está sometida a un proceso penal debe estar fuertemente justificada.
En la audiencia de este miércoles, la fiscal Durán fundamentó su pedido de prisión en la existencia de riesgos procesales de fuga, de entorpecimiento de la investigación y riesgos para la víctima; y expresó también que existen elementos de convicción suficientes respecto a la existencia del hecho y de la autoría del imputado.
“Hubo un comportamiento violento del imputado durante el procedimiento de detención y que luego se dio a la fuga en dos oportunidades. Respecto al entorpecimiento de la investigación, es porque se encuentra dentro del entorno familiar y también hay riesgos para la víctima ya que además de sufrir violencia sexual sufrió violencia psicológica y moral por parte del imputado”, dijo la fiscal en su alegato.
La víctima es hijastra de un tío del acusado y el presunto abuso, según la acusación fiscal, ocurrió en el domicilio de la adolescente. De acuerdo a la narración de los hechos, el hombre de 59 años tenía la información que la menor se encontraba sola en la casa y fue a visitarla. Una vez que ingresó al inmueble, se abalanzó contra la niña y la abusó carnalmente.
Como producto de esos ataques sexuales, la víctima cursó un embarazo que fue interrumpido en junio, a las 17 semanas de gestación.
Como elementos probatorios para llevar adelante la imputación, la fiscalía mencionó la denuncia de la madre de la damnificada y la entrevista que le realizaron en la Unidad Fiscal; el informe de la entrevista en Cámara Gesell realizada a la víctima y una muestra de ADN extraídas del feto que arrojó un porcentaje de paternidad del imputado mayor al 99%.
El acusado se abstuvo de declarar en la audiencia de este miércoles. A su turno, su abogado, García Garro, rechazó el plazo de cuatro meses de prisión preventiva solicitado por la fiscal y ofreció pagar una fianza de 200 mil pesos.
“Estoy en desacuerdo con los cargos que se le imputan a mi defendido, es exagerado el plazo de 120 días por pocas pruebas faltan colectar. Él tiene arraigo en San Luis, un hijo de 4 años y es el único sostén de la familia. No existe el riesgo de fuga y siempre se puso a disposición de la justicia”, dijo el abogado.
Contrario a los dichos de la policía, Garro dijo que fue su cliente quien sufrió la violencia policial y que se pensó que lo estaban por asaltar y por ese escapó del lugar. “Los hechos no ocurrieron como dice la Policía, ellos fueron de muy mala manera”. El juez Flores Leyes, además de hacer lugar al pedido de prisión preventiva, ordenó investigar el accionar policial.
¿Qué es una audiencia de formulación de cargos?
Se trata de una de las audiencias de las primeras etapas del proceso penal establecida en el Artículo 110 del Código Procesal Penal de San Luis. Esta instancia se realiza con el propósito de que se le informe a un/a imputado/a los hechos delictivos que se le atribuyen. Se hace de manera oral, con la presencia de todas las partes (fiscales y defensores) y a partir de la detención de una persona se buscan elementos para apoyar una imputación. Para ello se describe el hecho, la evidencia recolectada y la calificación legal. En el caso de solicitar una medida coercitiva o la prisión preventiva, la Fiscalía debe indicar concretamente el riesgo procesal (por ejemplo, el peligro de fuga o entorpecimiento).
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