Court sentences two men to 15 years in prison for murder of teenager in La Granja
The Sixth Criminal Oral Trial Court of Santiago sentenced two men to 15 years in prison for the murder of a 15-year-old youth that occurred in May 2020. The third defendant was acquitted due to lack of evidence.
Sixth Criminal Oral Trial Court of Santiago: two convicted to 15 years in prison for murder of minor in La Granja
The Sixth Criminal Oral Trial Court of Santiago convicted Ivo Antonio Vera Otárola and Brayans Germán Báez Otárola to 15 years in prison for the simple homicide of a 15-year-old adolescent, a crime committed on 27 May 2020 in the municipality of La Granja, according to g5noticias.cl.
The ruling, adopted unanimously, furthermore imposed on both convicted parties permanent absolute disqualification from public offices and positions and political rights, as well as absolute disqualification from professional occupations for the duration of their sentences.
Established facts
The court established, beyond reasonable doubt, that at approximately 13:30 on 27 May 2020, Vera Otárola and Báez Otárola arrived in a vehicle outside the victim's home, located in the municipality of La Granja. Together with a third person, and carrying a firearm, they fired shots towards the interior of the dwelling, causing the death of the adolescent—15 years old at the time—as a consequence of a bullet wound to the head.
The victim's mother, maternal uncles and aunts testified before the court. The court weighed these testimonies when determining the extent of the sentences, stating that the homicide "caused a devastating effect on the entire direct family".
Additional sentences for illegal firearm possession
In addition to the conviction for homicide, the court sentenced Vera Otárola and Báez Otárola to three years and one day in prison, plus statutory penalties, as perpetrators of the consummated offence of illegal firearm possession, an infraction classified under article 9 in relation to article 2 letter b) of Law 17,798 on Firearms Control.
Both sentences are to be served as actual consecutive sentences, one following the other, beginning with the most serious. The court ordered the time each convicted party spent deprived of liberty during the course of the proceedings to be credited.
Acquittal of the third defendant
The court decreed the acquittal of Johan Eduardo Lefián Otárola, the third defendant in the case, due to lack of proof of his participation in the offences of simple homicide and illegal firearm possession. Furthermore, Vera Otárola and Báez Otárola were acquitted of charges for illegal ammunition possession.
Applicable sentencing framework
In determining the sentences, the court applied the sentencing framework in force at the time of the commission of the offence, in accordance with article 18 of the Penal Code. In May 2020, simple homicide carried a sentence of major imprisonment in its middle degree—from ten years and one day to fifteen years—, a lower scale than the one currently in force following the entry into force of Law 21,483.
The court clarified that, as there were no circumstances that modified criminal responsibility for any of the defendants, it was empowered to impose any sentence within the full range. Taking into consideration the age of the victim and the impact of the crime on his family environment, the sentences were set at the maximum of the applicable range.
With respect to the offence of illegal firearm possession, the court found that there was no greater extension of harm and applied the sentence at its lower end, in accordance with the special rule of article 17 B of the Firearms Control Law.
DNA Registry
Once the ruling becomes final, the court ordered the taking of biological samples from the sentenced parties to determine their respective genetic profiles and incorporate them into the National Registry of DNA of Convicted Persons.
Composition of the court
The ruling was delivered by judges Fernando Martínez Arias, who presided over the court; María Leonor Fernández Lecanda; and Washington Jaña Tapia, as reporter.
Source: Google News CL — Santiago