"This shows that Ríos acted in legitimate defense," said the lawyer for the retiree who killed a thief after a key expertise

09/15/2020 - 9:53

• Clarín.com

• Police

"This defines that what was said to have happened did not happen.

acted in privileged legitimate defense (article 34 of the Penal Code), since all three factors occur: at night, at home and with a criminal who attacked him.

had gunpowder in both hands, it does not mean that he fired but he did manipulate a weapon. The two shots he received were from the bottom up, another key piece of information. He did not shoot him when the thief was on the floor. And finally, the expertise revealed another detail: no traces of gunpowder, smoke or burns were found on the clothes of the dead thief. He reaffirms that he was not shot at close range. "

The considerations of Fernando Soto, lawyer for the retiree who killed a thief during an assault that occurred at dawn on Friday, July 17 at his house on 2700 Ayolas Street, Quilmes, have a single next step for the strategy: "We are going to request the definitive dismissal of Ríos ", he confirmed to

, after analyzing the expert report that this Monday reached his hands and that presents him with a positive scenario regarding the legal strategy.

Is that a ballistic report determined that the retired blacksmith Ríos, who killed one of the five criminals who attacked him three times in the same night, fired

.

This is an expert opinion carried out on the clothes of the deceased assailant ("Piolo" Moreyra) carried out by the Institute of Forensic Sciences of Lomas de Zamora and incorporated into the file that has Ríos as a defendant without preventive detention for the crime of

According to the expert opinion, the shots were fired "at a distance greater than 50 centimeters", and that in the analyzed garments "no traces of gunpowder, smoking or burns were observed" produced by a firearm.

The study was carried out on blue jeans, a scarf, two sports T-shirts, two jackets and a pair of belonging sneakers that Moreyra was wearing at the time of the event.

The purpose of this expert opinion requested by the prosecutor in charge of the case, Ariel Rivas, was to "search for gunpowder residue and ballistic effects. In particular, tattooing and smoking, shooting distance, shot remains and any other data of interest that may arise at the discretion of the expert ".

"This result, together with that of the autopsy, gives us proof that the shots

fired

(Moreyra's)

," Soto added.

"If (the shots) were to the side, (Moreyra) would necessarily have to have traces of gunpowder on her body or on her clothes. In addition, there are no records of shots at the scene," she said.

The autopsy on Moreyra's body indicated that the offender received two bullets, one in the chest and another in the abdominal region, which caused his death.

According to the lawyer, the expert shots are from when Moreyra escaped to the neighboring house, "because of the distance, the trajectory and because it does not go through the body."

Soto confirmed that there are still some expert opinions, especially one, of a video contributed by his work team, in which a firearm deflagration is not seen at any time in that scene that went through all the media, when Ríos approaches the thief, already lying on the floor, half a block from the house where the assault took place.

Meanwhile, Soto confirmed that

: on the one hand, the first two robberies that occurred in the house (in which Ríos is a plaintiff) and on the other the last robbery after which Moreyra died (where Ríos is charged with ).

The incident occurred in the early morning of July 17, when five criminals entered to rob Ríos' house on 2700 Ayolas Street, in Quilmes Oeste.

According to the investigation, the man was surprised while he was sleeping, beaten and intimidated with a screwdriver by the assailants, for which he took out a 9-millimeter Bersa Thunder pistol and fired several times to make them flee.

In the images of the security cameras that recorded the episode - and they are key evidence in the file - it is seen that one of the thieves, later identified as Moreyra, was left behind from the rest of the gang because he was injured in an ankle and tried of limping away until he fell around the corner.

In the same videos, it is seen that Ríos left his house armed and reached Moreyra, kicked him and, apparently, shot him and killed him with two bullets, according to the autopsy.

For the fact, the four alleged accomplices of Moreyra, identified as David Ezequiel Córdoba (25), Cristian Chara (23), Martín Ariel Salto (27) and Claudio "El Enano" Dahmer (27) were arrested and charged.

GL