San Juan police officer on trial for reckless shooting that struck occupied dwelling
Francisco Pelaytay faces trial for firing his service weapon in Chimbas; the bullet ended up in a house 100 metres away. He could receive up to two years in prison.
Chimbas police officer tried for shot that ended up in neighbour's house
A police officer from San Juan has begun trial for firing a shot that ended up embedded in the kitchen of an occupied private residence, according to tiempodesanjuan.com. The incident occurred in the department of Chimbas and, although there were no injuries, the homeowner was exposed to a concrete danger.
Francisco Pelaytay appeared before Judge Sergio López Martí and prosecutor Adolfo Díaz, from the Special Crimes Unit (UFI), who accuses him of abuse of authority and breach of duties as a public official. The officer's defence was handled by lawyer Gustavo Sánchez.
The incident: a shot in the air that was not harmless
The episode occurred on 18 April 2025, at around 21:45, when Pelaytay was performing additional security duties at a school in Villa El Salvador. Faced with an alleged stone attack against the educational establishment, the police officer decided to use his service pistol.
According to the reconstruction presented during the trial, the officer fired a shot into the air from the public street, outside the school grounds. However, the projectile travelled approximately 100 metres and pierced the glass of a window at the house of Alberto Luna, who was inside at the time. The bullet became lodged in a concrete wall of the kitchen, at a height of approximately 1.76 metres from the ground.
Luna heard the impact and it was then that he noticed what had happened. Shortly after, emergency service personnel from 911 and the Forensics Unit arrived at the property to carry out the corresponding examinations. The officers removed the projectile from the wall and proceeded with the reconstruction of the shot's trajectory.
The weapon seized and the chain of custody
As part of the procedure, the weapon used by Pelaytay was identified and seized: a Bersa 9 millimetre calibre pistol, regulation issue for the San Juan Police, which had been issued to him for the performance of his duties. Along with the pistol, a magazine containing 33 cartridges was retained and the corresponding chain of custody was drawn up.
What will determine the trial
The focus of the judicial debate will be to establish whether the officer's conduct complied with the obligations and precautions required during a firearm security procedure. Although Pelaytay is said to have acted in response to an assault against the school, the shot struck an occupied dwelling and exposed its owner to consequences that could have been fatal.
In accordance with the prosecution's charges and in accordance with the Argentine Penal Code, Pelaytay could be sentenced to between one month and two years in prison if found guilty, in addition to a special disqualification for twice the length of the principal sentence.
Source: Google News PR — San Juan