The lawyer José Alberto Toncel Gutiérrez, 47, recognized for having run over the cyclist Lady Beltrán in an apparent state of drunkenness, will continue to be deprived of his liberty in a Valledupar prison.
This was decided by the Fifth Criminal Court of the Circuit with the function of Knowledge when resolving an appeal that had been filed by the defendant’s defense.
Toncel Gutiérrez had requested in the preliminary hearings for the legalization of the capture, the imputation of charges and the imposition of an insurance measure, that he be allowed to complete the process in freedom because he accepted the charges.
However, the second instance judge did not see the petition viable and is now awaiting the hearing to verify storage and sentencing for the crime of aggravated culpable homicide.
Although the penalty for the crime exceeds 108 months in prison, José Alberto Toncel could receive a much lower one due to his right to a reduction of up to 50% for accepting charges.
Diana Beltrán, for her part, stated that she hopes that justice will impose the highest possible sentence for the death of her sister. Likewise, she was satisfied with the performance of the judges so far.
THE FACT
The traffic accident happened on January 28. According to the investigation, the cyclist Lady Beltrán was moving on the road that communicates with the township of Río Seco and was hit by a car driven by José Alberto Toncel, who fled.
Toncel Gutiérrez went to the municipality of San Juan del Cesar where days later he was found. Apparently, the accident occurred when he was returning from a carnival party in a country house in Valledupar.
THE DATA
This is the second sentence that the lawyer José Alberto Toncel Gutiérrez will receive. The first was for the crime of concussion.
The sentence was due to the fact that Toncel, when he was a Social Security official, charged commissions to expedite the pension process before the entity.