The Prosecutor’s Office opened the fiscal investigation for 30 days against the police officer who confronted two alleged criminals on the night of Saturday, January 15, 2022.
Colonel Fernando Vaca, Chief of Operations of the Police in Quito, confirmed this Monday, January 17, 2022 that the Prosecutor’s Office started the legal process for murder against the uniformed man who responded to the attack of two alleged assailants in a food establishment in the sector of Cotocollao, in the north of the city.
He indicated that the Institution supports the police and that “all the exculpatory evidence will be presented so that, according to law, it can be observed that he acted correctly.”
The National Police He also officially ruled on the fact. It pointed out that the officer “exercised the progressive, proportional and rational use of force with his firearm handed over by the State to neutralize a criminal action”.
The work that the @PoliceEcuador in the fight against crime requires the support of citizens and their Government. The progressive and proportional use of force is a constitutional tool used by the police in events such as the attempted robbery yesterday in Quito. https://t.co/KcAAFu62Ti
– Alexandra Vela Puga (@AlexandraVelaP) January 17, 2022
In the bulletin, the institution indicates that the agent’s response was to an imminent threat and in protection of the life of third parties and his own. There he relates that two antisocials had entered a local food in Cotocollao “with a violent attitude making threats with Firearms to the people who were in the place.
The police killed one of the alleged criminals who had previously attacked him, which caused cuts to his head and ear with the handle of a gun. The entity indicated that they will give all legal support to the police actions carried out within the legal framework.
The Comprehensive Organic Criminal Code (COIP) indicates that there is no criminal conduct when the “state of necessity or legitimate defense” is demonstrated. In addition, in Art. 30.1 of the reforms to the regulations, the figure of “compliance with duty” is also covered when a police “causes injury, damage or death to another person”.
This consideration will be taken into account when the investigated conduct has been carried out in acts of service, the progressive use of force is observed, there is an imminent threat or risk to the life of third parties or the police officer.
There are others cops who are investigated and prosecuted for using their firearm during police procedures. in Imbabura, Cape Santiago Olmedo faces justice after killing two people who are allegedly involved in an attempted assault on a minor.
He is accused of excessive force and could be sentenced to up to 13 years in prison. As alternative measures to prison, while the trial is taking place, he must wear an electronic shackle. The judges were expected to issue a resolution on January 14, but it was postponed. (DPV)
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