16 days after the murder of the commoner mapuche, Camilo Catrillanca, came the day of the formalization of the four former carabineros of the BEPGS defendants in the case. After a long day, second Sergeant Raul Avila, Carlos Alarcón, out Braulio Valenzuela first Sergeant and Petty Officer Patricio Sepúlveda, the measures were precautionary pre-trial detention.
Judge of the Court of warranty of Collipulli, Sandra Nahuelcura, decided to formalize the former sergeants Carlos Alarcón Molina and Raul Avila by killing consummated against Camilo Catrillanca and frustrated murder against the lower M.P.C, figures that had been chosen by prosecutors, arguing that «both took part of consummate shooting».
According to the judge, the uniformed «put everything in their» so that crime will be developed, and stressed that evidence of cross-fire prior to the death of Catrillanca, there is no based on the evidence presented by the prosecution at the hearing, proof that It was devastating to disable the defense of the former police station.
In addition, judge decided to formalize the four police for obstruction of the investigation, detailing the spate of lies with which the patrol tried to clarify the facts through «provision of a false history» hindered.
In his argument, the judge determined remand for Alarcon and Avila, explaining that the allegations made aware that they are a «danger to society». Regarding the other two Carabinieri, also defined the pre-trial detention, but appealing to the possibility of that might interfere with the investigation of the case.
Initially, the prosecutor asked to formalize the four troops by obstruction of the investigation, while Carlos Alarcón and Raul Avila, for killing consummated. But the rest of the complainants, integrated by the advocacy of children, Camilo Catrillanca family and minor initials M.P.C, requested that the four were formalized by the frustrated homicide of the child and the killing accomplished in the case of the mapuche farmer.
In addition, Nahuelcura determined a period of two months of research for the oral proceedings, the same period that applied for the defense of the former police. Parties complainants and the public prosecutor’s Office, meanwhile, had required a period of 6 months for the investigation.
Marathon formalizing the formalization of the four involved in the case passes began 9:30 o’clock this Friday, November 30. The more than ten-hour day, was tense. It caught the attention of police deployment in the surroundings of the Court, who had some revolves with relatives of Camilo Catrillanca.
On the occasion, Marcelo Catrillanca, father of the slain villager, again calling for the resignation of the Minister of the Interior, Andrés Chadwick, prompting that the hashtag #ChadwickRenuncia, position throughout the day, as a trending topic on Twitter.
Demonstrations were also recorded in La Araucanía, and other cities in the country. In Santiago, just reported that the formalisation would be this Friday, they began to develop concentrations in Plaza Italy, which have been maintained throughout the formalization.
Tests exhibited by the Prosecutor in charge of the investigation, Roberto Garrido, Coordinator of the unit for human rights of the Regional Public Prosecutor of La Araucania, were decidoras and found that none of the information provided in the hours subsequent to the crime by the general director of Carabineros, Hermes Soto, the Minister of the Interior Andres Chadwick and the former Mayor of La Araucanía, Luis Mayol, were real.
«Read also – encircling narrows on police: Catrillanca of»delinquent»murdered Cabe to remember that in the first version of the Government, based on the history given by the police, is it charged Camilo Catrillanca, syndicate it as one of the» criminals»that he was involved in the theft of a van near a school in the vicinity of Temucuicui. The former Mayor Mayol stressed that young was a criminal with record for receiving stolen goods, information that was reiterated by Chadwick. The general director of police, meanwhile, stressed that officials of the BEPGS were greeted by an ambush, and that Catrillanca was in the middle of a line of cross-fire, along with the lesser M.P.C. «is evident that here there were lies from the beginning of the» Research», said Prosecutor Garrido. According to the investigation by the public prosecutor, the strength of the BEPGS and the police’s special forces in place, never were attacked by residents of the community of Temucuicui, at least until an hour once Catrillanca was wounded. The 24-year-old boy was unarmed, and was attacked from behind, with a direct hit of a M4 rifle with 5.56 mm ammunition. The rifle was in the hands of the then first Sergeant Carlos Alarcón, who fired on eight occasions.
A series of images displayed by the Prosecutor Roberto Garrido, that they showed to the BEPGS J040 vehicle and was driven by the carabiner Gonzalo Pérez Vargas, left in evidence also that one of the troops wore on his helmet, a GoPro camera, although that in a home the former police ensured that none carried cameras. It was Raul Avila, who wore the instrument. According to his statement, he had no memory card delivered, which, the day after the murder of Catrillaca, broke and threw for the bathroom.
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As the party complainant, special forces and the BEPGs cars reached sector of the Ponzon. Due to a road made with wood cut, four troops of the BEPGs «descended from the truck and continued on foot. 16:50 hours approximately they encountered the lower M.P.C. and Camilo Catrillanca. According to the Declaration of the minor, one of the officials fired, at least four times, with a gun directly to the tractor», explained the Prosecutor Roberto Garrido.
According to the Declaration of the now former police, last November 18, said one of the troops that he managed to see in detail to Camilo Catrillanca, which according to the counsel of the lower M.P.C, realizes the closeness between the Group of the BEPGs and the vict IMAS. «The driver saw him face, and recognize that I saw him mustache,» stressed out Braulio Valenzuela in his statement to the public prosecutor, which was collected in the formalization.
Lawyer Sebastián Saavedra, Center of research South (Cidsur), representative of the lower M.P.C. read part of the statement of key witness: «the peni Camilo told me get down!», and he felt a flurry of shots, said the lawyer. «Then he told me to ‘get down’, and I reached down to me more. His voice was heard different (…) Went to one side, dribbling blood and through the nose popping a yellow liquid,»said the child, according to the words read by the Cidsur professional.
On account of the Prosecutor, Carlos Alarcón shot at least seven times, impacting on four occasions the tractor. Raul Avila would have shot once, reach the vehicle that was occupied by Catrillanca.
A video included in the research folder of the Prosecutor’s Office shows that once Camilo Catrillanca was hit by a police bullet, looks to Sergeant first Carlos Alarcón – he who carried the weapon that fired the bullet that killed Catrillanca-making «a gesture with his hand, saying that already cut (…) It is a gesture of extreme coldness about what had happened,»said attorney Prosecutor on behalf of the family, Nelson Miranda.
Direct hit to the skull testing for defendants and victims resulted in that only two police had traces of gunpowder on his hands. The smaller M.P.C and Catrillanca, were clean. For this reason, the prosecution dismissed the thesis of a clash and stressed that the villager was shot in the back and live.
One of the versions slipped by leaks to the press last week aimed at that bullet impact received by the villager came from a «rebound» in the tractor. Published by La Tercera, where citing sources in research off, they highlighted that the power of the weapon was so great that it would have shattered the skull of Catrillanca, if it had come directly.
However, Prosecutor Garrido exhibited a series of images of the examination to the body of the young, showing that it received an impact in the left parietal region, and stressed that «there is no evidence in this tractor from a rebound. The shot, the impact, entered directly in his body».
The accused police declared on November 18 that fired «deterrent» way before the attack and shooting in the place. But Prosecutor Garrido pointed out that this information «they turned out to be false, there was no shooting against the staff».
According to the prosecution, explained an hour later that Catrillanca received the shot, and a couple of minutes once the Prosecutor on duty asked all forces to come to testify and to turn over the evidence involved in the murder of Catrillanca Police communications received the first record of attacks against the troops of special forces in the area.
Also, the prosecution showed a series of videos, taken by vehicle J058, official Cristian Fernández, who was one of the last trucks coming to the place. The car was behind the vehicle J040, where was the defendant Gope group. «They are taking flight», it is heard in the audio, which marks 16:54. «Hit», continues the voice communication.
At the end of such images is shown to Raul Avila carrying a GoPro camera on his helmet. «I want to emphasize that a situation that justifies the use of firearms there is. What happened was disobeying an order of detention, do not stop, it is what called circular of carabineros, a passive resistance. This authorizes the use of strength two level, and the level of force used in this case is five», said the prosecutor of the public prosecutor’s Office.
In his second statement, Avila, said: «I mean, that indeed, I Yes carried a GoPro camera», but not maintaining the memory card at the time, had been taken out. Explains that the day following – 15 November-cut it with scissors and threw it for bath, in order to avoid private images are exposed. The statement ended by bury official information that had given police and the Ministry of the Interior, who said that there were no graphic records of the death of Catrillanca, and that any policeman carried cameras in place.
On the other hand, the party complainant, representative of the Ombudsman for children, stressed the need to expand the charges for killing the other two effective members of the BEPGs. «I don’t know if the receipt which the State can give to victim – less M.P.C – is effective,» said the lawyer.
Defense: there was only a «bad decision» the defense of former police officials focused on discrediting the intention of killing a Camilo Catrillanca. The lawyer Alexander Schneider asked that the cause was returned to the military justice and said defendants cooperated at all times with the research. In his view, there would be no obstruction to justice, despite the destruction of the memory card GoPro camera which Raul Avila had assigned.
«Carlos Alarcón and my represented not concealed, not all made possible so that the truth is not knew, moreover, declared as charged 15 – November – in the night», said the lawyer. Schneider stressed repeatedly that the accused officials were given low «of provisional basis» and stressed that if his innocence «they can return to the institution».
The lawyer criticized the fact that the chain of command was not imputed in the case. «Here the officials not sent is alone. «They had instructions that came from above, a General», said the lawyer.
Despite the images displayed at the hearing, in which he realized that there was no fighting in the sector, counsel reiterated the thesis that the police were attacked and stressed that «us we will take care of verifying that they were attacked they were ambushed and it is not so difficult to do it».
The Defense pointed out that the carabineros of the BEPGs fired form deterrent towards a «safe area», in the form of Defense, since «they did not know if the two occupants of the tractor were armed. Perhaps you made a bad decision. Hence, to think that he had intended to kill a person, is another thing.»
In addition, Alexander Schneider ruled out as evidence the testimony of the expert who carried out ballistic tests. «There is no an expert report, the specialist only declares, there is no ballistic report, is not. What is the statement of an expert, which said that 79 chains of custody there were», said Schneider. According to the preliminary report of the expert, was precisely Alarcon Molina who would have shot the skull of the comunero, giving death.