The Criminal Chamber of the Supreme Court of Justice (TSJ) left the 28 -year prison sentence imposed on Eilyn Katherine Álvarez Veloz, accused of killing her husband José Abraham Oropeza Lugo. Such a decision is contained in Judgment No. 452 drafted by Judge Carmen Marisela Castro and supported by her colleagues Elsa Gómez and Maikel Moreno.
The events occurred on Friday, May 6, 2022 on the Gran Cacique Guaicaipuro highway, East-West sense, Leoncio Martínez Parish, Sucre Municipality (Petare), Miranda. That day, José Abraham came out at 6:30 am in his Renault Logan with the idea of giving his two minor children the tail.
Once his children were distributed in the educational institutions where they studied, José Abraham was alone in the car next to Eilyn. She started a discussion which motive for him to bordering the vehicle on the highway man. And it is at that time that the woman took a knife from her wallet to fit him in the chest of José Abraham, who died on the site, says the sentence.
Due to these facts, Eilyn Katherine was charged with the alleged commission of the crime of qualified intentional homicide. Subsequently, on July 16, 2022, the 14th Prosecutor’s Office of the Public Ministry requested to open a trial against Eilyn Katherine, a approach that was approved by the 40th Caracas Control Court.
The trial passed from September 19 to December 14, 2022 before the 22nd trial court of Caracas, an instance that acquitted the woman of the crime of intentional homicide qualified against her husband.
Against that decision that acquitted Eilyn Katherine, two appeal resources were filed, one of them consigned by Gloria Yolimar Oropeza Lugo, as an indirect victim. The other appeal was exercised by the Centheima Fifty -First Prosecutor’s Office of the Public Ministry of the Judicial Circumscription of the Metropolitan Area of Caracas.
Both resources were declared with place on June 11, 2023 by Chamber 8 of the Court of Appeals of Caracas and consequently annulled the decision of the 22nd trial court of Caracas that had freed the widow Eilyn Katherin from criminal responsibility.
The decision of the Court of Appeals implied the celebration of a new trial against Eilyn Katherine, which began on September 14, 2023 before the 31st Court of Judgment of Caracas. This trial concluded on January 25, 2024, when condemned against Eilyn Katherine, consisting of 28 years in prison.
Such conviction was ratified last January 21 by Chamber 6 of the Caracas Court of Appeals. Given this circumstance, the defense lawyers of Eilyn Katherine (Yoilíz Díaz Valera and Jesús Calm Lorenzoi) went to the Criminal Chamber of the TSJ, requested to cancel the conviction and that a new trial was held. One of the complaints expressed in the appeal is that during the trial, the forensic evidence failed to prove the existence of a homicide.
The magistrates rejected that and the other complaints after the hidden objective of them were detected: to seek a pronouncement of the Criminal Chamber regarding what happened in the trial developed against Eilyn Katherine, a situation that is not susceptible to being raised in a appeal, the magistrates recalled.
