MEXICO CITY (AP) – Army sergeant José Isidro Gómez, accused of committing an arbitrary execution of a suspected huachicolero during an operation carried out on May 3 last year in Palmarito Tochapan, a Quecholac community in Puebla, last week.
A federal judge ruled that the Attorney General's Office (PGR) did not provide sufficient evidence to prove his guilt for the civilian's murder and acquit him.
On Wednesday, a public hearing was held within the 435 case at the Federal Criminal Justice Center, where the court suspended the informal preventive detention imposed on the military, which also granted the possibility of traveling to Mexico City, where it lives. family
Before the hearing, José Isidro said he was confident that the defense of the National Defense Secretariat (Sedena), led by Miguel Carrasco Hernández, a military general defender, would obtain his acquittal.
According to the judge, the evidence provided by the PGR never allowed him to deviate from the presumption of innocence; On the contrary, he stated that there are doubts about his accusations.
The judge took at least three hours to explain his findings, based on the argument that none of the witnesses pointed directly to the sergeant for committing the crime. In fact, he said that some who made an accusation in his ministerial statement, later retracted.
In addition, he said he found errors at the autopsy that prevented him from knowing the extent to which the victim was shot, which he identified only as NJR. This made the Injury Mechanic expert not explain how the homicide was committed.
The judge ruled that the prosecution never showed that the murder was committed with the rifle attributed to José Isidro, because traces of bullets and cartridges did not match. At the time the PGR accused that the evidence was changed or that it changed the barrel of the weapon, but failed to prove during the trial that lasted more than a year.
The criminal case against the military began after the release of a video on YouTube of a closed circuit installed in Palmarito Tochapan that recorded the confrontation between alleged Huachicoleros and the Army.
The video shows how one of the soldiers, presumably Sergeant Jose Isidro, has a civilian on the ground, points him with his charge gun, and then shoots directly at his head.
"I will continue my military career"
Interviewed by Ciro Gómez Leyva on Wednesday night and this morning in different spaces, Isidro Gómez said he was satisfied with the result of the trial that lasted two weeks and commented that although he lived moments of anguish with the judge's decision, he was sure The work of his defense would be successful.
"Well, I feel happy, there are many contradictory feelings, because I have always been supported by the Ministry of National Defense, my lawyers and my colleagues who were the ones who took me to the Justice Center," said the sergeant.
He commented that after his release, the first thing he would do would be to hug his wife, his children and especially his baby, who was born eight months ago when he was in prison.
He also confirmed that as of today he was reinstated to his duties in the Army and expressed his interest in continuing his military career.
"I want to continue serving my country as long as it allows me to be inside the institution," he said.
For his part, military lawyer Carrasco Hernández said he is prepared in case the sergeant's release is appealed.