The family of Facundo Castillothe young man run over at sleaving a party in Cipolletti, criticized the sentence that defined the judge Guillermo Merlo to Ramiro Gutiérrez. The defense had requested eight years in prison, while the prosecution requested 16 years and the complaint 22 years. Finally, the judge defined 12 years in prison, which caused discomfort in the family of Facundo. emiliano castillo discussed this in BLACK RIVER RADIO.
Facundo Castillo was assassinated by Ramiro Gutiérrez on December 19, 2021. Since that day, the young man’s family has been asking for justice. The trial for the murder was carried out through the trial by jury modality, there the evidence was collated and it was determined that Ramiro Gutiérrez is guilty of the murder of Facundo and five attempted murders (to Facundo’s friends).
This Friday, Ramiro Gutiérrez was sentenced to 12 years in prison, plus legal accessories and court costs. LThe sentence imposed by technical judge Guillermo Merlo sparked a series of disagreements in the sSociety of Cipolletti and Neuquén, that they expected an exemplary verdict in the case of Facundo Castillo. Even on social networks they called the sentence issued by the judge disappointing.
“Judges play a fundamental role in these processes and are in the shadows. I have no doubt that Merlo benefited Gutiérrez with this amount. It is up to me to say that something is wrong, justice does not represent us” expressed Emiliano Castillo in “Vos al Aire” by RÍO NEGRO RADIO.
Facundo Castillo’s brother criticized the decision of Guillermo Merlo saying that the judge “young and with a fleeting career” He had three options when it came to marking the penalty for Gutiérrez. The first to accompany the request of the prosecution, 16 years, and leave both parties satisfied. Another option was to define 22 years as the complaint had requested, “This sentence was well founded with the aggravating factors of the fact,” Emiliano said.
And finally there was the request of the defense, eight years in prison. “He made that decision, a shame that benefits Ramiro Gutiérrez. The family is celebrating in networks what they achieved. According to what I spoke with my lawyers, since it is less than half the amount that we requested, this sentence cannot be appealed, ”explained Facundo’s brother.
Facundo Castillo Case: “The aggravating circumstances were not considered,” said Emiliano Castillo
Emiliano also stated that Guillermo Merlo did not contemplate in the sentence the aggravating circumstances presented by the complaint. “Just as if a boxer who fights in the street and kills someone is taken as an aggravating circumstance, it had to be the same way with Ramiro Gutiérrez. He is a professional driver, he knows how to drive,” he said.
One of the reasons he gave Merlo about his decision was the “good procedural behavior” that Gutiérrez had during the trial. “This is not true, he did not have a good procedural behavior, he was a fugitive and he altered the truck. His dentist presented false certificates ”attached Emiliano Castillo.
The day the sentence was announced, the networks exploded with messages of disagreement. “Disappointment, bitterness and pain” were some of the messages. Others referred to the fact that social condemnation will be eternal and that Facundo will always be present. Also, that “Argentine justice leaves much to be desired, and that once again shows that it is not up to the task.”
Others assured that the popular jury had the courage that Judge Guillermo Merlo lacked. “He forgot about intent, abandonment and bribery,” they said.
Facundo Castillo case: what were the judge’s arguments to determine the sentence
The sentence, according to the judge, was objective, since his task of administering justice does not correspond to placing himself in the place occupied by the victims or the accused.
He indicated that according to what was seen in the caesura trial, He warned, like the defense, that the prosecutor and the plaintiff did not prove the extent of the damage, nor did they assess the mitigating circumstances as required by the substantive code and the jurisprudence of the province, they even misrepresented circumstances to assess them. “All the evidence produced was heard, and it was even alleged regarding the probative material that supported the popular verdict, both accusers made reference to the consequences generated, but in no way did they give certainty of the damage,” he declared.
“Judges are guarantors of the constitution and laws. We must ensure with our intervention, the impartiality of the Court and that due process is complied with, that a trial is carried out as required by law. At the time of issuing the sentence, our decision must be determined by the proven facts, ”he said.
Another point that the judge gave rise to was to extend the preventive detention that Gutiérrez has been facing in an extraordinary way, he explained that it expires on June 21 and decided to extend it until October 21. At this point, he considered that “the danger of flight continues and with more intensity, let’s think that before he faced a possibility of conviction, now he has already received a verdict from the popular jury that says that what influences the person’s mood is guilty.” to be right,” he said.
For Merlo, the defense showed that Gutiérrez was always inserted in social norms, and that this situation that he had to live was an unfortunate situation, which he has faced responsibly and has shown repentance. Therefore, there is no objective element to deviate from the minimum of the crime of homicide.
Listen to Emiliano Castillo, Facundo’s brother, on RÍO NEGRO RADIO:
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