CASO DIEGO GATICA: DEFENSORES DE LOS ACUSADOS PIDEN “SOBRESEIMIENTO” Y “SUSPENSIÓN DE JUICIO A PRUEBA”
Los abogados defensores de los acusados por el crimen del policía Diego Gatica, ocurrido en septiembre del año pasado, rechazaron la acusación fiscal y realizaron varios planteos en la audiencia de control previa al debate oral.
Este martes, el juez de Garantía N°3, Marcos Flores Leyes, ordenó un cuarto intermedio hasta el jueves a las 10.00, en función de la cantidad de presentaciones de las defensas. Cuando se retome la audiencia, la fiscal de Instrucción N°4, María del Valle Durán, deberá responder a cada una de esas formulaciones.
Los planteos de los defensores
Marcos Juárez, representante de Maycol Bustos, sostuvo que no existen elementos probatorios para acusar a su defendido y solicitó su absolución. “Me opongo a las conclusiones a las que arribado la fiscal para acusar a Maycol de partícipe secundario del delito de homicidio en ocasión de robo. La fiscalía en esta instancia tiene la obligación de explicar la acusación y sus fundamentos y esto no ha ocurrido. No existe el grado de probabilidad que exige esta instancia respecto de mi defendido, Bustos no tuvo participación en el hecho investigado, basta con chequear los teléfonos, los mensajes, los dichos de las pruebas”, dijo.
Y agregó: “Si bien estaba, también vamos a ver que su presencia era meramente circunstancial. Estamos hablando de un delito sumamente grave y la situación de Bustos es totalmente distinta al resto de los consortes de causa”.
Para el Ministerio Público Fiscal, el joven fue partícipe secundario del delito de homicidio en ocasión de robo y solicitó 5 años de prisión.
Héctor Zavala Agüero, defensor de Alexis Cuello Morán, pidió el sobreseimiento del joven de 17 años. “Él estaba ese día en el playón de estacionamiento de Chango Más pero luego se retiró a su domicilio y allí se enteró de lo que había pasado. No es clara la participación que tuvo, hay orfandad probatoria”, sostuvo. Cuello Morán está acusado de partícipe secundario del delito de homicidio en ocasión de robo y la fiscal pidió una pretensión punitiva provisoria de 8 años.
“No hay nada que pruebe que ayudó. Pero si lo hubiera hecho se tiene que decir en qué”, continuó el abogado y planteó que se violó “un principio constitucional que es el derecho a la defensa y al juicio”.
Alfredo García Garro, abogado de Esteban Colombo, pidió el sobreseimiento y, subsidiariamente, hizo una solicitud de juicio a prueba y un ofrecimiento de un resarcimiento económico. Para ello pidió un plazo de 48 horas a los fines de acreditar el lugar donde llevar adelante las tareas comunitarias como así también fijar el dinero a resarcir.
Colombo está acusado de desobediencia a la autoridad con una pretensión punitiva provisoria de 10 meses.
En esa misma línea, la Defensora en lo Penal N° 3, Nadia Agúndez, representante de Enzo Colombo, solicitó también la suspensión del juicio a prueba e informó que, de hacer lugar a su planteo, las tareas comunitarias las realizará en un merendero ubicado en el Barrio Virgen de Luján.
La fiscalía, en su alegación, lo acusó de ser autor de encubrimiento agravado y pidió una pena provisoria de 2 años. “Hay un error de encuadramiento legal para con mi defendido, no se puede comprobar que tipo de delito cometió. No puede acreditarse que supiera que tipo de delito se había perpetrado para tal agravante”, dijo. Además, ofreció un resarcimiento de 6 mil pesos.
El alegato del Defensor Oficial en lo Penal N° 1, Carlos Salazar, representante de Omar Ortiz, fue el último de la jornada. El joven está acusado de tomar la bicicleta que habían dejado escondida presuntamente Morán y otros dos menores, en la iglesia del barrio Tibilleti, luego de robársela a Gatica.
Según la acusación fiscal, Ortiz luego de sacar la bici se la vende a Enzo Colombo a $5000. Durán pidió una pena de 2 años porque entendió que su conducta se encuadra en el delito de encubrimiento agravado por ánimo de lucro. “Mi asistido no sabía de la existencia del hecho. La bicicleta fue colgada en un lugar y él se la apropia. Sería un hurto en última instancia. Toma un elemento dejado, no puede seguir sosteniéndose esta calificación”, dijo Salazar.
El defensor solicitó el sobreseimiento y la suspensión de juicio a prueba. “Ortiz tenía 17 años cuando ocurrió este hecho. Nuestro ofrecimiento es realice tareas comunitarias en el Comedor Estrellitas de Belén y un resarcimiento económico de 6 mil pesos a pagar en tres cuotas de 2 mil pesos”.
Con información de Prensa Poder Judicial.
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