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Court rules that man who killed a criminal for robbing his home in Villa Alemana acted in legitimate defense

Privileged legitimate defense. That was the verdict of the Oral Criminal Court of Viña del Mar for the man whom the prosecution accused of simple homicide for killing a criminal who broke into his house during the early hours of New Year’s Eve on January 1, 2022, in Villa Alemana.

That night, Benjamín Pizarro Aros (25) He entered the home twice, stealing species, such as a gas bottle, an iPad, a tablet and a bottle of wine. Upon realizing what happened, Mario Soto Cordones came out with his duly registered weapon and fired five shots at the subject.

Prosecutor Sergio Morales pointed out during the trial that Mario Soto Cordones had “other possibilities to protect his assets” and that “it was not necessary to confront this person and it was not necessary to shoot him five times in the back.””. To argue its arguments, the prosecution had brought the deceased subject’s mother and partner as witnesses.

For his part, defense lawyer Cristian Canifrou, appealing for legitimate defense, had requested the acquittal of his client.

Judge Manuel Muñoz Chamorro read the verdict, noting that the court rejected all of the prosecution’s approaches. “It was clearly demonstrated in the oral trial that the subject entered the home on two occasions.”

For the court, the excessive defensive action that the prosecution had proposed for the five shots is “irrelevant.” Likewise, it was considered that there were two minors sleeping inside the house.

At the trial, the man recounted the incident: “(The subject) lunges out and tries to attack me. He raises his hand and makes a gesture of attacking me, when I backed away I was about to fall. At that moment I don’t know if I fired a shot. And then he runs out and runs to the back of the house. I chase him and shoot. I know I fired, I don’t know how many shots. “I know I shot, I’m not going to deny it.”

With everything, Mario Soto Cordones was acquitted of the case. Until now he was under the precautionary measure of roots, which will be lifted starting today.

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