Starting from the activity to which he is dedicated Jochy Gomez and the findings of Public Ministrywas that the magistrate Ysis Muñoz He considered it “evident” that, being free, the main defendant in the Camaleón case “is in a position to obstruct the investigation and affect the prosecution witnesses.”
This is stated by the president of the Second Criminal Chamber of the Court of Appeal of the National District, in her dissenting vote, when specifically objecting to the variation of the preventive detention of the accused Jochy Gómez.
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He said that other aspects of interest to consider are the evidence provided by the MP regarding the violation of the Law 631 for the Control and Regulation of Weaponsto which he said, Jochy’s technical defense tried to downplay its importance, alleging that he had a license and that, furthermore, “he is a person that not everyone loves and needs protection.”
“The truth is that, due to the number of weapons and war material that was seized from the accused, such as a 17-millimeter Glock pistol, a shotgun, a shotgun magazine, a snail-type magazine, a magazine with 41 caliber capsules 9 millimeters, two pistol magazines; This, together with a certificate of forensic analysis that allows us to establish that, with respect to the Glock 17 pistol, alterations were noted in the technical characteristics of a firearm that in principle is for civilian use, however, with these modifications, it acquires other connotations that, strictly speaking, are sanctioned by law,” he stressed.
In relation to the defense’s assertion that the facts being investigated they do not characterize the criminal types that are imposed on the accused, Judge Muñoz said that it is a “provisional qualification”, since the investigation is in the initial phase of the process where the elements of evidence are collected.
“In this scenario and depending on the characteristics of the investigation, the investigated party may in some way obstruct the obtaining of that evidence,” he said.
Likewise, he said that to impose a measure of coercion, it is not required that the evidence collected so far reach a degree of certainty. “It is enough that these are sufficient to reasonably maintain that the accused may see his criminal responsibility compromised at any level: as the author or as an accomplice of the facts…”, he stressed.
He added that guaranteeing the presence of the accused and avoiding the destruction of evidence relevant to the investigation “constitute a procedural goal.” Others released are Hugo and Pedro.
