10/21/2020 9:38 AM
Clarín.com
Police
Updated 10/21/2020 9:38 AM
The trial of Buenos Aires police officer Luis Chocobar (33), accused of having killed in 2017 one of the robbers who assaulted and stabbed an American tourist in La Boca, will resume this Wednesday when the Court decides whether to suspend the debate as requested by his defense before the presentation of a new resource so that it is subjected to a trial by jury or if it begins with its investigation.
The hearing will begin at 11 am in the Courts of Comodoro Py 2002, where as of October 9, Chocobar began to be tried in a "blended" and "reserved" debate by the Oral Court for Minors No. 2.
"They are going to decide if they give rise to the suspension of the trial or not. If they do not give it, the investigation is resumed, it will be a preview of their statement and after that the schedule for the witnesses will be set," he told Fernando. Soto, lawyer for the policeman.
The police officer came to the debate accused by the prosecution of the
"aggravated homicide in excess of duty"
of the thief Juan Pablo Kukoc (18), a crime that provides a maximum penalty of 5 years in prison;
while the complaint of the family of the deceased young man accuses him of
"aggravated homicide"
, which includes life imprisonment.
In the same trial, the judges Fernando Pisano, Jorge Apolo and Adolfo Calvete will judge Kukoc's accomplice, a young man of then 17 years old, who was arrested for the "attempted murder of the criminally assaulted and stabbed tourist, the American photographer
Frank Joseph Wolek (56).
The first hearing began with the reading of the requirements of elevation in the opinion of the prosecution, represented by the prosecutor Susana Pernas, and of the complaint.
Later, when the preliminary questions were raised, the defense made a proposal to try to suspend the trial based on a new appeal that it presented before the Superior Court of Justice of the city of Buenos Aires, in which once again it
insisted that the debate it is done by juries.
The sources consulted by reported that all the parties opposed this request and then TOM 2 decided to go to an intermission until tomorrow when it will announce its decision.
In justifying his proposal, Soto stressed to the press that the defense is convinced that "the interpretation that the technical judges make of the law and that made by the people is very different" and recalled the cases of the doctor Lino Villar Cataldo, who in 2016 he killed a thief in Tres de Febrero, and that of the butcher Daniel "Billy" Oyarzún, who that same year killed another criminal in Zárate.
"I am sure that a normal technical court would have convicted both of them for excess in legitimate defense. On the other hand, in both cases the jury trial acquitted them unanimously. They are sending a message: we do not agree on how you judges interpret the law, "he argued.
Despite the fact that the trial will be held by videoconference and in a blended manner, Soto anticipated that they will attend "all the hearings in person."
The lawyer anticipated that the victim of the assault, Wolek, is expected to testify by videoconference, and revealed that "it is difficult for him to understand" why Chocobar came to trial and is tried together with one of the assailants.
The incident occurred on December 8, 2017, when Wolek was walking through La Boca and shortly before reaching Caminito Street, he was intercepted by two assailants who stole his camera and stabbed him.
Moments later, Chocobar, an agent of the Avellaneda Local Police arrived at the scene, who despite being in civilian clothes and off duty, identified himself and shot, killing Kukoc.
With information from Télam
GL
Look also
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