The visiting minister of the Santiago Court of Appeals, Mario Carroza, issued an indictment in the investigation he is conducting into the qualified homicide of Ricardo Ruz Zañartu, which occurred on November 27, 1979, in the commune of Ñuñoa, Metropolitan Region.

In the case, the magistrate indicted the retired Carabineros officers Luis Monroy Mora and José Orellana Taiba for their responsibility—as perpetrators—in the homicide of the former leader of the Revolutionary Left Movement (MIR).

According to the case records, on the afternoon of November 27, 1979, "in circumstances where the victim RICARDO DELFIN RUZ ZAÑARTU, 34 years old, teacher, militant of the Revolutionary Left Movement (MIR), was heading to a meeting inside a taxi, which was traveling along Calle Pedro de Valdivia, from south to north, he was intercepted by Carabineros in a vehicle checkpoint, to which, obeying the instructions of the Traffic Carabinero who stopped the car, he turned onto Calle Las Encinas, and in circumstances where the victim was about to get out of the vehicle, when his inspection was about to proceed, he drew a 9mm Browning pistol, with which he fired from inside the vehicle at the inspecting personnel, while simultaneously getting out of the taxi, fleeing in a northerly direction along Av. Pedro de Valdivia, resulting in an exchange of gunfire between the Carabineros personnel stationed at the location and Ruz Zañartu, who was struck by the impacts on the eastern sidewalk of said avenue, after which he continued his flight, crossing Pedro de Valdivia diagonally to the place where he fell to the ground on its western sidewalk, and in those circumstances, a police officer approached and shot him, finally causing his death." The official version, provided by the Carabineros de Chile personnel who participated in the events, states that "the victim had died as a result of a confrontation, which is dismissed, as there is abundant evidence in the process demonstrating that Ricardo Delfín Ruz Zañartu died as a result of trauma to the extremities and pelvis caused by bullets and subsequent acute anemia," the resolution adds.

Source: pjud.cl, June 17, 2014

MIR leader Ricardo Ruz Zañartu was finished off on the ground

Minister Mario Carroza indicted former Carabineros Luis Monroy Mora and José Orellana Taiba as responsible for the crime of qualified homicide. It was established that although Ruz used his pistol to evade arrest during a police checkpoint, the police bullets that caused his death occurred when he was finished off on the ground.

The events occurred on November 27, 1979, in the commune of Ñuñoa when the victim, a 34-year-old teacher, was heading to a meeting of his organization, the Revolutionary Left Movement (MIR), inside a taxi traveling along Calle Pedro de Valdivia, and was intercepted by Carabineros in a vehicle checkpoint, to which, obeying the instructions of the Traffic Carabinero who stopped the car, he turned onto Calle Las Encinas. "In circumstances where the victim was about to get out of the vehicle, when his inspection was about to proceed, he (Ruz Zañartu, Ed.) drew a 9mm Browning pistol, with which he fired from inside the vehicle at the inspecting personnel, while simultaneously getting out of the taxi, fleeing in a northerly direction along Av. Pedro de Valdivia," states the judicial resolution. The justice system established that there was "an exchange of gunfire between the Carabineros personnel stationed at the location and Ruz Zañartu, who was struck by the impacts on the eastern sidewalk of said avenue, after which he continued his flight, crossing Pedro de Valdivia diagonally to the place where he fell to the ground on its western sidewalk." "In those circumstances, a police officer approached and shot him, finally causing his death. The official version provided by the Carabineros de Chile personnel who participated in the events states that the victim had died as a result of a confrontation, which is dismissed, as there is abundant evidence in the process demonstrating that Ricardo Delfín Ruz Zañartu died as a result of trauma to the extremities and pelvis caused by bullets and subsequent acute anemia," the resolution states. The autopsy report The 1979 autopsy report, incorporated into the case, stated the following: "Right upper extremity: a) Arm: entry and exit wound; involves superficial muscles. Its trajectory is from top to bottom and from right to left. b) Forearm: entry and exit wound, fractures the humerus and medium-caliber arterial and venous vessels. Its trajectory is from bottom to top and from right to left. Right lower extremity: a) Thigh: tangential wound involving only skin and subcutaneous cellular tissue. b) Leg: entry and exit wound: lesions to skin and subcutaneous cellular tissue. Its trajectory is from top to bottom and from right to left. Left lower extremity: a) Thigh: lesions to superficial muscle planes and medium-thickness venous and arterial vessels. The projectile is in the leg. Trajectory is from top to bottom and from back to front. b) Leg: entry and exit wound: lesions to superficial muscle planes. Its trajectory is from bottom to top and from left to right. Left gluteal region: entry wound, lesions to the iliac bone and the iliac artery and vein; exit wound in the left inguinal region. Its trajectory is from back to front, from top to bottom, and from right to left. 4.- The micro-chemical study of gunpowder deflagration products in all wounds was negative, and on the clothing, only traces of carbon and nitrate were found on the undershirt and shirt of the right sleeve. 5.- Of all the numbered projectiles, the one that causes the most damage and acute anemia is the one in the gluteal region. 6) These traumas are recent and vital. 7.- Projectile attached." Regarding this expert report, Judge Mario Carroza ordered an expansion of the autopsy report and a ballistic expert analysis. With all this information, the magistrate ordered the issuance of an arrest warrant against the indicted Luis Ernesto Monroy Mora and José Antonio Orellana Taiba, through the O S 9 Department of Carabineros de Chile, and to carry out the legal notifications and designations, as well as the criminal record of the accused. by Carlos Antonio Vergara

Source: Villa Grimaldi.cl, June 19, 2014

Court Case No. 1610-2015: Ricardo Ruz Zañartu homicide case

27°) That in this instance, the investigated facts, as established in the sentence, occurred on November 27, 1979, and since the time limit for exercising it has elapsed, the exception of statute of limitations must be accepted.

For these considerations and in accordance, furthermore, with the provisions of articles 28, 29, 68, and 141 of the Penal Code, and articles 509 and 527 of the Code of Criminal Procedure, it is declared that: The appealed sentence of August 18, 2015, written on page 1700 and following, is revoked, insofar as it acquitted José Antonio Orellana Taiba and Luis Ernesto Monroy Mora of the charge of being perpetrators of the crime of qualified homicide in the person of Ricardo Ruz Zañartu , perpetrated in this city on November 27, 1979, and in its place, it is declared that they are each sentenced, as perpetrators of the crime of simple homicide, to the penalty of three years and one day of minor imprisonment in its maximum degree, plus the accessory penalties of absolute disqualification for political rights and absolute disqualification for public offices and positions during the time of the sentence.

Source: Judiciary, March 11, 2016