The Third Municipal Criminal Court with the function of Control of Guarantees sent to prison Humberto Manuel Olivella Pinedaprocessed as allegedly responsible for the death of his baby in a motelal sur de Valledupar.
In the decision, the judge considered that the evidence presented by the Prosecutor’s Office showed a reasonable inference that Maria Camila Mengual Mojicamother of the minor, was the victim of kidnapping and sexual abuse by the young man, which caused them to leave the baby in the vehicle where died suffocated.
“This judiciary finds an acknowledgment regarding the will to enter the vehicle on the part of the victim under penalty of the fact that the father of the minor had insisted on it. However, situations such as a cycle of violence that transcends time in front of the two people involved and an element such as a weapon with proven capacity to be fired and cause damage are highlighted, a condition that makes the possible violence or threat more serious in the trajectory of the events of interest”. said the judge.
Thus, it concluded that there was a reasonable inference about the commission of the crimes of aggravated homicide, aggravated kidnapping and violent carnal access.
The specialized sectional Prosecutor’s Office 8 charged the charges based on the statements of the victim and her family who spoke about the mistreatment that the 23-year-old did against María Camila Mengual during their relationship.
However, the defense attorney Fredy Alfonso Gutierrez NievesFor his part, he appealed the decision so that the measure of prison insurance be assessed by another judge in second instance in order to be confirmed or revoked.
Gutiérrez Nieves criticized the analysis carried out by the judicial office against its evidence, considering that there was no sexual abuse or kidnapping.
He also explained that the transferred sex video was explicit and it could be observed that, after the first sexual encounter, María Mengual Mojica recorded herself with the young man while he was already asleep naked.
“Because if she was allegedly kidnapped at the end of the first sexual activity, she did not go out and call the workers to help her when he was already defeated, but instead went out to film the video of the cell phone of my client (Humberto) for the purpose that we all know ”Gutierrez Nieves said.
He added that María Mengual did not attend the medical evaluation in Legal Medicine immediately after the occurrence of the event, but much later.