The perpetrators of the murder of the young truck driver Bayron Castillo in Antofagasta are sentenced to 17 years in prison


With various expert reports and about twenty testimonies, presented by the Chief Prosecutor of Antofagasta Cristian Aguilar Aranela in the oral process, the Oral Criminal Court of Antofagasta sentenced two defendants, of foreign nationality, to 17 years and 183 days of imprisonment in its highest degree and the legal accessories, for the crime of qualified murder committed treacherously against the young truck driver Byron Castillo, thrown from a bridge towards the director that connects Mejillones with Antofagasta on February 10, 2022.

Likewise, the Court sentenced a third defendant, a minor and a foreign citizen, to a mixed sentence of 7 years of internment in a closed regime and 3 years of internment in a semi-closed regime.

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The investigations into the case were directed by the Chief Prosecutor, Cristian Aguilar Aranela, with the collaboration of the SIP personnel of the 2nd Police Station of Antofagasta and Labocar of the city.

In this regard, the chief prosecutor Aguilar clarified that “the Court accepted the requests of the Public Prosecutor’s Office and finally sentenced the 3 defendants for the crime of qualified murder committed treacherously against the young truck driver. The various expert reports presented and testimonies (some twenty people) were decisive in this case”.

It should be recalled that the event took place on 10 February 2022, around 11:00, after an altercation that took place on route A-1, at an overpass on a railway line, between some truck drivers and a group of foreigners who were traveling along the road, including the 3 defendants, who would have approached the victim, an adult and a truck driver who was on the spot and who took advantage of the fact that he was alone (the other truck drivers had moved away from the spot) attacked them and would have thrown them from a level crossing, dying instantly.

According to the autopsy report, the victim died of trauma to the head, chest, abdomen and upper and lower limbs consistent with a fall from a height.

betrayal

For the court, the accredited facts allow treason to be considered in the actions of the defendants.

“Article 12 number 1 of the Penal Code establishes that a treason is committed ‘when it is committed treacherously or with difficulty’. With reference to the case in question, the doctrine defines “on insurance” as “the use of conditions
In fact, they allow the perpetrator of the crime to marginalize those risks for his person inherent in the criminal action, which may derive from the probable reaction of the victim (attack on a sleeping person), may also consist in concealing the body of the agent who ensures the ‘impossibility of defense of the passive subject (the sniper, the ambush)” (GARRIDO, M. 2007. Criminal law general part. Volume 1, 2nd ed., Editorial Jurídica de Chile, p. 246)”, affirms the dominant.

The resolution adds that: “It should be noted that the majority doctrine states that to verify this aggravating circumstance the contribution of a subjective element is necessary, namely that the perpetrator acts ‘with the aim of taking advantage, for the execution of the deed punishable, the defenseless situation in which the victim finds himself or in which he has been placed» (MERA, J. Commentary on art. 12 of the Penal Code. In: COUSO, Jaime et al. 2011. Commented Penal Code, First Book ( art. 1 to 105), Legal Publishing, Chile, p. 309)”.

“In the present case, the attack was carried out, objectively, in such a way that the victim was not able to offer any resistance. This stems from the fact that the defendants attacked the victim from behind and while she was alone, being a group of three. Everything, however, indicates that the defendants acted with full knowledge of the facts of the aforementioned circumstances and with the precise intention of taking advantage of them, having decided to line up their attack precisely at the moment in which the penultimate truck driver, witness PAGA, left the place ” , he concludes.

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