In the ruling, the visiting minister also applied to Godoy Peña the legal accessory penalties of perpetual absolute disqualification for political rights and absolute disqualification for public offices and positions for the duration of the sentence.

The extraordinary visiting minister for human rights violation cases of the San Miguel Court of Appeals, Marianela Cifuentes Alarcón, sentenced retired Carabineros First Sergeant Manuel Antonio Godoy Peña to a penalty of 4 years in prison, with the benefit of supervised release, as the perpetrator of the consummated crime of simple homicide of José Eduardo Morales Santos, an illicit act committed on October 25, 1981, in the current commune of Lo Espejo.

In the ruling, the visiting minister also applied to Godoy Peña the legal accessory penalties of perpetual absolute disqualification for political rights and absolute disqualification for public offices and positions for the duration of the sentence; in addition to the payment of court costs.

During the investigation stage of the case, Minister Cifuentes Alarcón was able to establish the following facts: 1° That on the early morning of October 25, 1981, while José Eduardo Morales Santos was driving a Suzuki Fronte model automobile, license plate NXH 377, while intoxicated, through the Santa Olga neighborhood, commune of Lo Espejo—formerly the commune of La Cisterna—carrying Luis Iván Paredes Burgos and Víctor Benigno Ñonquepán Díaz as passengers, he did not stop at a signal from Second Sergeant Manuel Antonio Godoy Peña, of the Santa Adriana Precinct. 2° That, immediately thereafter, making excessive use of force, Second Sergeant Manuel Antonio Godoy Peña ordered Second Corporal Manuel Jesús Fernández Valdebenito to fire upon the vehicle driven by José Eduardo Morales Santos with the 9 mm UZI submachine gun he was carrying. 3° That, as a result of the above, Morales Santos died due to craniocerebral trauma caused by the passage of a ballistic projectile. In the civil aspect, the claim for damages filed by the victim's two children was upheld, with the State of Chile ordered to pay compensation of $160,000,000, broken down into $80,000,000 for each of the plaintiffs.

Source: diarioconstitucional.cl, March 26, 2019

Carabineros officer who ordered the shot that killed a motorist will serve sentence in freedom

Second Sergeant will enjoy the benefit during the 4 years of the sentence

The San Miguel Court of Appeals set at 1,300 days in prison—approximately 4 years—the penalty that retired Second Sergeant Manuel Antonio Godoy Peña must serve as the perpetrator of the consummated crime of simple homicide of José Morales Santos, an event that occurred in October 1981 in the Santa Olga neighborhood, current commune of Lo Espejo.

However, the unanimous ruling granted the benefit of supervised release to the former uniformed officer for the duration of the sentence. According to what was established in the investigation, on the early morning of October 25, 1981, José Morales Santos was driving an automobile while intoxicated through the Santa Olga neighborhood, then the commune of La Cisterna, carrying two other people as passengers.

During that journey, he did not stop at a signal from the aforementioned Sergeant Godoy, who—"making excessive use of force," as read in the resolution—"ordered Second Corporal Manuel Jesús Fernández Valdebenito (deceased) to fire upon the vehicle (…) with the 9 mm UZI submachine gun he was carrying." As a result of this brutal action, Morales died due to craniocerebral trauma caused by the passage of a ballistic projectile.

In the civil aspect, the treasury was ordered to pay total compensation of $160,000,000 to the victim's children. by Daniel Labbé Yáñez

Source: elciudadano.cl, July 15, 2019