The Justice of Mar del Plata confirmed this Friday the preventive prison of police Buenos Aires accused of killing the adolescent with a shot in the chest Luciano Olivera (16), last December 10, in the seaside resort of Miramar.
The ruling of Chamber I of the Chamber of Appeals and Guarantees in Criminal Matters fell on the cash Maximiliano Abel González (25), accused of the crime of triple aggravated homicide for having been committed by a member of a security force, through the use of firearms and with treachery, which provides for life imprisonment in a future oral trial.
The uniformed officers Nelson Albornoz, Rocío Mastrángelo and Kevin Guerricagoitia are also arrested for the case, who are accused of doubly aggravated concealment and false testimony in an ideal contest.
In an 8-page ruling, chambermaids Adrián Angulo, Marcelo Riquert and Pablo Poggetto ratified the resolution that fair judge Saúl Errandonea made 10 days ago, who granted the request made by the prosecutor in the case, Ana María Caro, to the Miramar decentralized Instructional Functional Unit (UFI).
“We hope that the author, the cover-ups and those who abused power can be tried for this crime. The case is being carried out very neatly by the Mar del Plata Justice. Judit (the victim’s mother) has no consolation and the only thing she seeks is justice “Said the lawyer for the minor’s family, Gregorio Dalbón.
In her request, the prosecutor had requested that the cash remain in custody due to the pending sentence and the danger of hindering the investigation that could exist if he were released.
According to the Court of Appeals, “it seems evident that the existence of a non-adjustable penalty (the maxim of our punitive catalog), was not the only argument of procedural danger.”
“To it was added the characteristics of a very serious event, in the context of a recently started investigation, in which the judge warned about relevant evidentiary proceedings to be carried out, but above all, in which -he said- they were investigating, in parallel, other behaviors that were related to the event”, affirmed the judges.
Chamber I recalled that “these other behaviors could not be assessed only as presumptions, since the danger of obstruction was effectively materialized with the accusation of Albornoz, Mastrángelo and Guerricagoitía, under the circumstance, precisely, of having helped to evade the investigation of a particularly serious fact, providing false statements”.
For Caro, it is accredited through various testimonies and evidence obtained in the case that González shot and killed Luciano.
The crime in detail
“Police personnel belonging to the Miramar Patrol Command were carrying out crime prevention tasks on public roads and were summoned by radio call because there would be loud music in the amphitheater of the central square delimited by streets 21, 24, 23 and 26 of Miramar,” he recounted in his request for preventive detention.
The judicial officer pointed out that a police mobile began tracking a Yamaha YBR 125 motorcycle, driven by the teenager, to the intersection of Avenida 9 between Calles 34 and 32.
There, “Luciano Olivera is facing another police mobile being a Toyota Hilux pick up, which joined the interception” of the victim.
The patrol car braked “abruptly on 9th Avenue towards the sea, when observing the young man in the motor vehicle on 9th Avenue in the opposite direction and in the direction of 40th Avenue, three police officers descended on the scene and a fourth police officer remained inside the cell phone, who would have called a halt”.
According to the prosecution, “the police officer Police Maximiliano Abel González, who had descended from the rear left side of the aforementioned mobile, and acting on the safe side, with clear intentions of killing him -since the young man Olivera did not possess any element that could put the lives of the acting police personnel or third parties at imminent risk-, he extracted his regulation weapon Bersa 9-millimeter caliber pistol -which had 14 ammunition-“.
According to the instruction, the suspect fired a shot “in a surprising way against the humanity of Luciano Olivera“, who could not know his “untimely action in order to take shelter, because he was driving the motor vehicle and it was still in motion at a distance greater than one meter, from where González and the other troops were.”