Se realizó la audiencia de control de acusación en la causa que investiga el homicidio de Alan Valenzuela. Se trata de un acto previo al juicio oral, donde se discute la prueba testimonial, documental y pericial que se va a producir durante el debate y se corrigen los vicios formales que pueda contener la acusación fiscal.
En este contexto, en la Sala de Oralidad N° 2, la fiscal N° 4 María del Valle Durán, determinó la calificación legal como homicidio agravado por el uso de arma de fuego y solicitó una pretensión punitiva provisoria pena de 15 años de prisión para Segundo Gatica, único imputado en el hecho, ocurrido el 1º de junio de 2022 en el barrio Kennedy de la capital puntana.
En contrapartida, la defensa del acusado, representada por Cristóbal Ibáñez, solicitó el sobreseimiento. “El hecho no lo cometió mi defendido, no hay nada acreditado en la causa que haya sido él el auto de los disparos”, dijo el abogado.
La víctima tenía 15 años y falleció de un shock hipovolémico (desangrado) producto de un disparo de arma calibre 22. El proyectil marca Remingtong ingresó por la espalda. El día del hecho estaba acompañado por Mauro Ezequiel Olguín cuando ingresaron al local de Gatica.
“Se subieron por el techo, luego golpearon un portón que había allí pero no pudieron abrirlo ya que se encontraba reforzado. Gatica, que ya había sufrido otros robos, escucha los ruidos y toma su arma. Primero apunta a Olguín quien levanta las manos y huye. Alan hace lo mismo, pero es alcanzado por el disparo cuando intentaba refugiarse en otro local”, narró la fiscal.
Luego ambas partes expusieron sobre los testigos ofrecidos, las pruebas documentales y periciales y realizaron convenciones probatorias, que tiene que ver con solicitarle al Juez que tenga por acreditados ciertos hechos que no podrán ser discutidos en el juicio.
El juez de Garantías N° 2 de la ciudad de San Luis, Ariel Parrillis, a cargo de esta instancia procesal, luego de oír las exposiciones de la Fiscalía y la Defensa, resolverá en un plazo de 48 horas para emitir su resolución, amparado por el artículo 173 del Código Procesal Penal. El Juez también examinará los ofrecimientos probatorios y planteos que con ellos se vinculen, ordenando la admisión o rechazo de las pruebas y de las convenciones probatorias.
Fuente: Periódico Judicial de laa Provincia de San Luis.
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