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Este jueves al mediodía, Lautaro Nicolás Cruz, Diego Nicolás Magallanes, ambos de 20 años de edad, y Juan Gabriel Mulena, de 18 años, fueron declarados responsables del delito de lesiones graves agravadas por la participación de dos o más personas, en carácter de coautores, por un hecho ocurrido en diciembre de 2020 y cuya víctima fue el comisario mayor Hernán Soloa.
La Cámara Penal N° 1 Residual de la ciudad de San Luis homologó el acuerdo de juicio abreviado arribado entre la fiscalía, el particular damnificado y las defensas de los acusados, y condenó a Cruz y a Magallanes a 3 años y 6 meses de prisión efectiva.
Mulena, en cambio, al haber sido menor de edad al momento del ataque, el tribunal le dictó la responsabilidad penal y ordenó girar las actuaciones a un Juzgado Penal Juvenil que por turno corresponda, para que tome la decisión que crea pertinente, en uso de las facultades que le confiere el Régimen Especial de Minoridad. No obstante, continuará alojado en el Servicio Penitenciario Provincial.
La pena de tres años y medio surge de un acuerdo al que arribó la representante del Ministerio Público Fiscal, Virginia Palacios Gonella, con la defensa del damnificado, Hugo Scarzo, y la de los imputados y sus abogados. Soloa, víctima de las agresiones, dijo en su declaración ante los jueces que aceptaba la abreviación del proceso como una forma de “cerrar una etapa, sin venganzas ni revanchas”. La causa además se realizó, también por pedido de las partes, bajo el nuevo Código Procesal Penal, vigente a partir de febrero de 2022.
El veredicto fue emitido este jueves al mediodía y fue votado por unanimidad por el tribunal, integrado por Jose Luis Flores (presidente), Jorge Sabaini Zapata y María Eugenia Zabala Chacur (vocales).
La situación del cuarto acusado
Gianfranco Arce es el cuarto imputado en la causa. El joven se encontraba en libertad desde comienzos de este año cuando su abogado presentó un recurso de excarcelación. Cómo no se presentó voluntariamente al debate, el tribunal dispuso revocar la excarcelación concedida, declararlo rebelde y ordenar su captura en el lugar en que se encuentre, tanto en el ámbito provincial como en el nacional. En el veredicto de este jueves, el tribunal ordenó la formación de compulsa para que continúen las actuaciones respecto a su situación.
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La golpiza al comisario Soloa fue el 20 de diciembre poco después de las 6:30 en la zona del Puente Derivador. Enfrente, en una casa de estilo alpina, los agresores participaban de una fiesta clandestina. Cuando observaron que Lucas Arce, de 26 años, quien había estado reunido con ellos, era arrestado, cruzaron la Avenida del Fundador y agredieron a Soloa, quien recién llegaba al lugar en una camioneta.
Tras la brutal golpiza, Soloa debió pasar por 45 días de internación hospitalaria, ya que sufrió, según el dossier médico, rotura en los huesos de su nariz, un hematoma en el pabellón auricular derecho (con sangrado); fractura de maxilar superior parte frontal, hematomas en las partes anterior y lateral derecho del tórax, fruto de puntapiés, y también en la región renal, lesión que le generó una hematuria, es decir, sangre en la orina. Soloa también perdió piezas dentarias y necesitó cirugía maxilofacial.
“Tengo consecuencias que me van a acompañar por el resto de mi vida. La mitad de mi cara es metal hoy en día, mi oído no me da tranquilidad… tengo varias consecuencias más. Pero uno es policía y acepta las consecuencias”, dijo el comisario Soloa este mediodía, luego de la audiencia de juicio abreviado el pasado martes.
Uno de los agresores de Soloa fue Lautaro Cruz, quien el día de hoy fue procesado por el homicidio que ha conmovido a la sociedad sanluiseña, el del oficial Diego Gatica. Cruz fue arrestado en enero de 2021 y puesto en prisión preventiva, pero salió en libertad en febrero de este año. Menos de 10 días antes del juicio por las lesiones a Soloa, habría participado de la agresión que culminó en la muerte de Diego Gatica.
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