, Chilean, born in Chonchi on April 7, 1946, identity card No. 5.339.584-8, retired Sub-officer of the Chilean Army, married, residing at Los Tilos No. 161, Peñaflor, convicted in case roll 10.333 of the Second Criminal Court of Punta Arenas to a fine of 11 living wages and a 1-year suspension of his driver's license as the perpetrator of a quasi-delict of injury.

The plaintiff, the Undersecretary of the Interior of the Government of Chile, represented by the Program for the Continuation of Law 19123 (page 80), is also a party to this case. The investigation was initiated based on the request on page 1 presented by the Judicial Prosecutor of the Court of Appeals of Santiago, Ms.

Beatriz Pedrals García de Cortázar, by virtue of which she requests an investigation into the facts and circumstances of the death of Mr. Vasco Alejandro Ormeño Gajardo , who died on February 28, 1974, in Concepción, from gunshot wounds, after having been detained hours earlier, without there being, until now, further news regarding the circumstances surrounding this death or who caused it.

She indicates that such an act could constitute the crime contemplated in Article 391 of the Penal Code, qualified or simple, depending on the circumstances, without prejudice to the fact that there may also have been an illicit association among the potential perpetrators.

THIRTY-FIRST: That, in accordance with the provisions of Article 24 of the Penal Code, the sentenced party must satisfy the costs of the case. And keeping in mind the provisions of Articles 1, 5 second paragraph, 6 and 7 of the Political Constitution of the Republic; 1, 3, 11 No. 6, 14, 15 No. 1, 18, 21, 22, 24, 25, 26, 29, 32, 38, 40, 50, 62, 63, 68, 69, 74, 79, 80, 86, 391 of the Penal Code; 10, 108, 109, 110, 111, 457, 458, 464, 471, 477, 478, 481, 482, 485, 488, 500, 501, 502, 503, 504, 505, 509 and 533 of the Code of Penal Procedure, it is declared: I.

That

MANUEL ANTONIO LATORRE CHACON

, already identified, is sentenced as the perpetrator of the crime of homicide of Vasco Alejandro Ormeño Gajardo, which occurred in the early hours of February 28, 1974, on the road from Concepción to Penco, in the Commune of Penco, to the penalty of five years and one day of presidio mayor in its minimum degree, plus the accessory penalties of absolute perpetual disqualification for public offices and political rights, and absolute disqualification for professional titles for the duration of the sentence.

II.- That because the requirements demanded by Law 18.216 are not met in this instance, it is not possible to grant any alternative measure or substitute penalty. III.- For the fulfillment of the sentence, the time he remained deprived of liberty in this case shall be credited, that is, from September 23, 2014, according to the certification on page 228, until September 25, 2014, as recorded on page 236 verso.

The sentenced party shall be summoned by the Chilean Investigative Police to be personally notified of the ruling in accordance with the provisions of Article 505 of the Code of Penal Procedure.

Source: Judiciary, May 5, 2015

is currently under prosecution and released on bail—after paying a 300,000 peso bond set by the Fifth Chamber of the Court of Appeals of Concepción on Thursday, September 25—as the material perpetrator of the qualified homicide of Vasco Alejandro Ormeño Gajardo, an illicit act perpetrated in February 1974 on the road connecting Concepción to Penco.

According to the background information gathered in the investigation, the minister in extraordinary visitation for Human Rights cases of the Court of Appeals of Concepción, Carlos Aldana Fuentes, managed to verify the following facts: That on the afternoon of February 26, 1974, Vasco Alejandro Ormeño Gajardo went to the home of a neighbor in the sector, surnamed Monroy, who owed his father money for the repair of a ball, and as he refused to pay him, he threw a stone at the house, originating an altercation between them.

As a result of this incident, Mr. Monroy called his friend Manuel Antonio Latorre Chacón, who was commanding a military patrol composed of about five soldiers, to report the crime of property damage. Latorre Chacón went to the home of Ormeño Gajardo, located at Calle Santa María No. 50, Chillancito, Concepción, and without a competent order, proceeded to carry out his illegal detention during curfew hours, putting him into a military vehicle.

Under the custody of military personnel, he ordered the vehicle to travel to the road from Concepción to Penco, where Latorre Chacón ordered the vehicle to stop and, taking a soldier's rifle, ordered the detainee to get out and then told him to leave.

When the victim turned his back, he shot him in the thorax, causing a wound that perforated his esophagus and both lungs, injuries that were the cause of his death. His body was found at the "Landa" estate, located on the side of the road from Concepción to Penco, and was sent by the Carabineros to the local morgue for an autopsy and subsequent delivery of the mortal remains to his relatives.

This account—the ruling continues—allows for the crime of qualified homicide to be established, "inasmuch as the death of Vasco Alejandro Ormeño Gajardo was caused with treachery, an illicit act provided for and sanctioned in Article 391 No. 1, first section, of the Penal Code."

Source: cronicadigital.cl, September 27, 2014