Next Monday, June 27, the initial hearing is scheduled for Police Captain Francisco Ramón Flores Donaire, 40, accused of the murder of orthopedic doctor Jorge Ernesto Herrera Chávez, which occurred at dawn on June 16 in front of Plaza Family, on Carretera a Masaya.
Flores Donaire is accused of being responsible of fatally running over Herrera Chávez, when the police captain lost control of his vehicle —a double cab truck with license plates M151 205—, entered the opposite lane and collided head-on with the car —a red sports car— driven by the doctor who died immediately.
“Full awareness of the decrease in their physical capacities”
The record of the preliminary hearing states that the Public ministry points out that Flores Donaire was fully aware of the tragedy for which he is held responsible.
“The Public Ministry highlights as an element of the alleged facts, a voluntary act on the part of the accused, who is attributed full awareness of the decrease in his physical and mental abilities by inducing a state of drunkenness, and despite this driving a vehicle in adverse weather conditions and on a high-traffic highway and making improper maneuvers,” cites the record of the preliminary hearing.
“Awareness of concrete danger”, argued the judge
The initial hearing will be chaired by Rolando Sanarrusia, head judge of the Sixth District Criminal Court of Managua.
During his speech, Judge Sanarrusia admitted the accusation, stating, “the actions of the accused show an awareness of the concrete danger legally reprehensible, which implies that although he does not pursue the concrete result, which in this case has been death, the author understands that there was a high rate of probability that this event would occur and despite this, he decided to act.”
In addition to being formally charged with the murder of Ernesto Herrera Chávez, Flores Donaire is also charged with the crimes of exposure and abandonment of persons to the detriment of Sonia Carolina López Ardón, who was with him in the car, and Junior Lenín Rugama, whose vehicle was hit first by Flores Donaire, before hitting the car in which the orthopedist was traveling.
During the reading of the minutes in the preliminary hearing, only the propaganda media of the Ortega regime were allowed to enter. Flores Donaire was taken to court dressed in the blue uniform, characteristic of the accused, where he heard the accusations against him.
Captain in custody
The record of the hearing also establishes that Flores Donaire be held in preventive detention, and also orders tests to be carried out to determine if his health situation allows him to remain in a normal prison regime.
The process tests the Nicaragua’s battered judicial systemwhose credibility is buried by the instrumentalization of the Ortega regime to carry out illegal political processes and guarantee impunity for the crimes committed by some of its operators.
Flores Donaire works in the Police General Administration Division. A press release from the Police, dated November 2, 2018, reports that he stood out as “the best record” in a police tactics course.
The Police and the Public Ministry They have not officially ruled on this incident. However, a report by the newspaper La Prensa assures that Flores Donaire was discharged from the police institution.
Mother of orthopedist hopes that process does not “deviate” from its course
In statements to the digital media Article 66, Dr. Olga Chávez, mother of the deceased orthopedist, expressed after hearing the results of the preliminary hearing, “thanks to God things are going within the framework of justice. Let’s hope they don’t veer off course and that justice will truly be done.”
Dr. Chávez stated that they were notThey had not been notified of the preliminary hearing against Captain Flores Donaire, so they were not present, but they do hope to be during the initial hearing on June 27.
In videos broadcast on social networks at the time of the accident, it is observed that Flores Donaire – who was slightly injured – was under the influence of some substance. In addition, witnesses indicated that the Transit agents found bottles of liquor inside the truck. It is also observed how he insistently asked a traffic officer to return his regulation weapon.
In her first statements after the tragedy, Dr. Chávez pointed out that “an alcoholic who is driving a car at excessive speed and kills another person is a crime, because he knows what he is doing.”
At the time of the accident, the young orthopedist was on his way to a gym in Managua. He worked at the Sermesa Hospital in Masaya, he was a fan of sports vehicles and he practiced cycling.
