Nine days after having leaked out from the house where he was serving his house arrest, a man accused of homicide was recaptured by the Police and brought before Justice. Before escaping, more than 27 arrest violations had been detected, but he had justified that the anklet was “wrong” and even went so far as to show judge Alejandro Asteggiante red lights that flashed on the device.
This Friday, the man signed an abbreviated agreement before Judge Diovanet Olivera and was sentenced to three years in prison for attempted aggravated robbery and ultraintentional homicide. This means that although the defendant’s intention was to commit the theft and not kill, the result “was not wanted or foreseen, although foreseeable,” according to the 2nd Homicide prosecutor explained.either Turno, Micaela Dávila, in a hearing whose record she agreed to The Observer.
The crime occurred in January 2022. The now convicted man had stolen the cell phone of a man who was walking down the street and as a result the victim fell and hit his head. Meanwhile, the defendant tried to escape by going into a supermarket, but two witnesses who had seen the event detained him. They even went so far as to ask the victim of the robbery if the cell phone that the offender had in his hand was his and he said yes.
After that, he was hospitalized and 15 days later he died.
The offender was initially charged (in April 2022) with simple homicide. And although the prosecutor asked that he serve preventive detention, Judge Asteggiante understood that he had to do it at home.
First, a few non-compliances were detected, but these occurred after the defendant denounced that the anklet “went wrong”, for which reason it was arranged for the Office of Assisted Liberation (OSLA) to modify it. Subsequently, another 27 non-compliances were detected and it was then that the defendant showed the judge that they had not changed his anklet and that he continued to jingle and demonstrate an error.
“We do not find a violation of house arrest insofar as it can reach those procedural risks that the prosecution spoke about at first, because it appears that it is in the environment, but it is not good that a person who is under house arrest is constantly leaving eight or ten blocks here or there (…) In principle I have to be guided by what it says there, but we can consult and have it changed,” Asteggiante had argued at that hearing in April of this year.
Despite this, the man ended up escaping and on May 16 his arrest was requested. He was captured on Thursday May 25 and sentenced the next day. He is now serving his sentence in prison.