The case of a retired soldier who mistakenly killed an engineering student by mistaking him for a thief has outraged the inhabitants of the province of Chubut, in Argentina. He shot her in the back with a shotgun.
The crime occurred on Friday, February 10, in Comodoro Rivadavia. The victim was identified as Emiliano Ávila, 33 years old.
According to the account, the owner shot him, assuming he had been in his backyard and then escaped through the roof. However, the investigation determined that he had been someone else, according to the local news portal ‘Jornada’.
The attacker was identified as Jorge Alberto Barberis, 66 years old. After the hearing, he was detained and was subjected last Sunday to the control hearing for “homicide aggravated by the use of a firearm”.
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Security camera analysis established that the attacker shot the victim as she was walking down the street, while the person who actually jumped off her roof fled in another direction. The Prosecutor’s Office thus ruled out that Ávila had committed any crime and concluded that he was only walking in the area.
Causing death due to hypovolemic shock caused by a gunshot wound to the chest
The Public Prosecutor’s Office released the reconstruction of the events and pointed out that Barberis, after noticing that someone was in his yard, “took the 22 caliber carbine type firearm″ and explained that “He went to the roof of his house and from there shot twice, with the clear intention of killing him, at Emiliano David Ávila, who was occasionally walking down the street.”.
His actions resulted in the impact of both shots in Ávila’s back, at chest level, “more precisely at the level of the left nipple with the entry and exit orifice, causing his death due to hypovolemic shock caused by a gunshot wound to the chest, and he fell lifeless on the sidewalk”.
In the control hearing that took place this Sunday, prosecutor Andrea Rubio explained that the interviews of witnesses and security cameras determined that the victim never entered the home of the author of the shot. She noted that Barberis fired the two shots “with total disregard for human life”.
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Barberis’ defense did not contradict the account of the facts, but requested that his client be granted house arrest, something that was denied. Judge Mónica García ordered that he serve a month in preventive detention while the investigation progresses.
If convicted, the minimum sentence for Barberis is 10 years and eight months in prison, according to the Chubut Public Prosecutor’s Office.
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*With information from La Nación (Argentina) / GDA
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