The Criminal Chamber of the Supreme Court of Justice rejected an appeal that sought to annul the sentence of 23 years and 15 days in prison for the official of the Bolivarian National Police Aljerdy Victorio Pacheco Rengifo, accused of murdering a boy and simulating that it was a confrontation .
This decision of the TSJ is contained in sentence 646 written by Elsa Gómez and which had the endorsement of her colleagues, Carmen Marisela Castro and Maikel Moreno.
The events for which Pacheco Rengifo is prosecuted occurred on September 24, 2018 in the La Dolorita neighborhood, Sucre municipality (Miranda). That day the agent was with other uniformed officers assigned to the Directorate against Organized Crime carrying out patrol work.
In the middle of that operation, Pacheco Rengifo took out his gun and fired it at Christian Charris Arroyo, who had just come from celebrating his birthday. Christian died on the spot and the official presented the facts to his superiors as if it were a confrontation.
After that, prosecutors Bianca Gamboa Rosales, Mariant Hernández and Martín Ramón Colina Morales requested to open a trial against Pacheco Rengifo for the alleged commission of the crimes of intentional homicide qualified with treachery, improper use of an organic weapon and simulation of a punishable act. That petition was approved on 10/18/22 by the 9th Control Court of Caracas.
The trial against the official took place between July 25, 2023 and January 22. The 8th Trial Court of Caracas found him guilty of the crimes charged and sentenced him to 23 years and 15 years in prison. The ruling of that court says that the police officer acted in violation of the provisions of article 55 of the Constitution, which provides for the progressive and proportional use of force and in the face of strict necessity.
