In a unanimous ruling, the Oral Criminal Court (TOP) of Viña del Mar acquitted of all the charges brought by the Public Ministry against MLMM (younger), Sebastian Gonzalez Flores, Sergio Alejandro Jaramillo Cespedes and Luis Eduardo Corvalán Suarez, in their capacity as alleged perpetrators of the fire registered in the Quilpué Municipality building on October 29, 2019, within the framework of the social outbreak.
The resolution established that the antecedents presented by the Prosecutor’s Office failed to prove the facts attributed to the accused, although they did verify that the incident was caused intentionally.
“No concert was proven between the defendants, or between any of them, or with the executors of the fire, moreover, no evidence was even rendered to that effect and from the images displayed, such a concert is not inferred in any way,” he says. failure.
After reading the verdict, the magistrates ordered the immediate release of the accused Sergio Jaramillo and Luis Corvalán, who were in preventive detention.
The lawyer who represented Sergio Jaramillo, Juan Carlos Manriquezstated that during the trial hearing it was evident that “there were inconsistencies and inconsistencies in the evidence. Particularly the distinction between setting fire and causing fire. “
“Regarding the specific conduct of Mr. Jaramillo, the court had attested by scientific, technical, police and firefighter evidence that the sheet that it was said that he had entered through a window in a place distant from the focus that had lost control “It had not been suitable in any way to even light that area. From that point of view, it was only possible to absolve him of being the instigator of a crime of arson,” he added.
According to the ruling, with respect to Jaramillo it was indicated that “this conduct has not been suitable to initiate, nor to increase or spread the fire, from the moment it was credited with the statement of the fire expert Jaime Ruiz-Tagle Lazcano and the image exhibited on the place where the papers were introduced, that such dependency was only affected by the fire spread through the roof ”.
Thus, the court also acquitted Jaramillo of being the author of the crime of cannabis cultivation, since “such cultivation was not connected with the accused defendant, in circumstances where three other people live in the place of the discovery. In addition, in the case of two cannabis sativa plants, grown in the interior of a bedroom without being associated with any type of drug trafficking, such conduct is not seen as harm to public health, becoming an atypical conduct ”.
