A driver who, being alcoholicthree months ago he ran and killed Brenda Joubert is Melany Dalmautwo 22-year-old friends, were released by order of the justice of San Isidro, after the chamber cancel pre-trial detention that they had dictated to him because a requirement of criminal procedure had not been met: to listen to the accused. Thus, another magistrate was ordered to review the case. This new judge understood that a rating change of the fact, and this opened the door to the release.
“It is incomprehensible that in two days they give him freedom when he had to be imprisoned until trial”, he complained to GlobeLiveMedia Erica CorreaBrenda’s mother, at the announcement of the release of Matias Leonardo Martinez31, who has spent the past 90 days in prison, charged with the crime of double homicide with possible intent and has now been released under the classification of wrongful double homicidean alternative charge that the prosecutor had raised Karina Bianchi.
San Isidro Safeguards Judge #1, Ricardo Costagranted his release after reviewing the case after his peer’s measure was overturned orlando diazand imposed certain rules on the defendant: he cannot drive any type of vehicle or leave the country, he must appear in court every Friday and make a alcohol abuse treatment. It still lacks the result of the accidentological expertise, which will be known next June, as this medium was able to learn. A key test.
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The first hours, the case had been in the hands of the prosecutor Virginia Tosowho led the first actions and managed to arrest Martínez.
The deaths of Brenda and Melany occurred at dawn on November 20 last year at the intersection of the East Collector of the Pan American Highway and Calle Defensa, in the town of El Talar de Pacheco, in the Tiger district. It was 5:20 p.m. and Martínez was driving home to Pablo Nogués, in the Malvinas Argentinas, in his white Citroën C3, after leaving the Tropitango nightclub.
According to the detainee’s statement, when he turned, he lost control of the car: the breathalyzer determined that he had 1.38 grams of alcohol per liter of blood. Witnesses said the car remained on two wheels as it made the maneuver before running over the girls. What is certain is that abandoned the vehicle and escaped. A few hours later, he went to the police station of Pablo Nogués and said he was afraid that someone wanted to lynch him. Those who saw what happened said they only said to him, “What did you do?
Brenda died instantly. Melany suffered serious injuries and was admitted to Pacheco General Hospital: he died a few days later. “They didn’t give us any explanations. and, within 48 hours, a paper came in telling us they were about to release him,” Brenda’s mother said of the driver’s release, adding, “He took us by surprise. On top of that, they make this decision over a long weekend, during which nothing can be mobilized. They changed the judge and even the title page of the case”.
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Indeed, the judge of guarantees orlando diaz It was he who validated the request for preventive detention after the accident, but Martínez’s defense appealed the measure because a requirement of the criminal procedure was not met. The Chamber gave the right to counsel for the accused and a new judge has been drawn: The case fell to Costa, who was given 48 hours to study the case and hold a new hearing with the parties, which took place last Friday, according to sources on file at this outlet.
The analysis of the existence or not of fraud was decisive in the decision of magistrate Costabeyond the fact that the prosecutor had requested the arrest for the crime of double homicide aggravated by possible intent, but also for the alternative: double culpable homicide, for which the second judge considered on the basis of the evidence.
“I understand that the only fact which, at this stage, can be attributed, according to the table of evidence collectedis the one who is qualified at the time of the summons for manslaughter for driving a motor vehicle aggravated by flight or failure to assist the victim and by driving under the influence of alcohol”, reads -on in the judgment that allowed liberation and who was able to access GlobeLiveMedia.
“And, that is how I maintain it, since it is the only fact which is suitable, for the moment and without prejudice to what the progress of the investigation shows, to the evidence collected as part of the investigation, “said the magistrate. It should be remembered that accidentological expertise is lacking. And he understood that, at the moment, the deaths of Brenda and Melany occurred “as a result of a act in breach of duty objective of caution imposed on the defendant while driving the motor vehicle.
“It’s true that he has the right to be heard, but he ran over two 22-year-old girls, whom he he didn’t help them, he left them hanging around and ran away. He turned himself in three hours later to a police station with a blood alcohol content of 1.38,” Brenda’s mother said before the court ruling, and said: “This week we had to present an expert witness, but now they’ve just given us a date of June 6.” And he claimed:He must be in jail, he killed two 22 year olds and now he’s free… He says it was an accident and he didn’t want to kill the girls.
Erica pointed out, “We had a lot to do and now they’re releasing him. He is not understood: drunk driving and kills two people. Just today, three months after my daughter died and something similar happens in the Panamericana”.
The woman said the latter in connection with the accident on the Panamericanaat the height of Martínez, this Monday in which a 29-year-old woman died after the remís in which she was traveling collided with a damaged car and another that had come out to help her. The driver was not drunkas originally announced.
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