The defenses of the three murderers of the young trucker Byron Castillo, murdered in February 2022 after being thrown from an overpass, had filed an appeal for annulment that sought to render the sentences handed down last November without effect. After the requests are rejected by the court, the defendants will continue to serve the previous sentences for the consummated crime of qualified homicide (treachery).
The Court of Appeals from Antofagasta rejected on Monday the annulment appeals presented by the defense of the perpetrators of the homicide of the young truck driver Byron Castillo.
Specifically, the requests of the defenders of the convicted; Edgardo Rafael Siso Mosqueda, Víctor Alfredo Arcilla, and the adolescent JDRZ, they sought to discredit the sentences handed down by the court against them.
In unanimous decision, The First Chamber of the appeal court ruled out the alleged lack of evidence to prove the participation of the individuals (of foreign nationality) in the crime of the young truck driver.
Therefore, the three subjects will continue to serve the effective sentences previously handed down last November.
It should be remembered that the two adults maintain a sentence of 17 years and 183 days in prison; y the adolescent complies with a mixed sanction of 7 years of hospitalization in a closed regime, as well as 3 years of hospitalization in a semi-closed regime. Likewise, the latter must comply with social reintegration programs.
The three individuals, then, were found guilty by the consummated crime of qualified homicide (treachery).
Let’s remember that It was in February 2022 when the death of Byron Castillo was announceda young transporter who was thrown from an overpass on Route A-1 in Antofagasta, by the three defendants.
Rejection of appeal presented by Byron Castillo’s murder defense
Regarding the ruling handed down by the Court of Appeals of Antofagasta, it maintains that there is no evidence of a “foundation deficit regarding the judicial act that condemns those they represent”.
The foregoing, regarding the appeal for annulment presented by the defenses of those accused of the crime of qualified homicide.
Thus, the resolution maintains that the objections of the defense cannot prosper. This, because the judges in charge managed to verify the participation of those involved in the case.
On that line, the text adds that “(…) what was taken as proven is that all (the convicted) intervened directly in the manner described in the rule of numeral 1 of article 15 of the substantive”.
Given these facts, the court rejected the appeals for annulment presented by the defender, Hugo Javier León Saavedra, who represented the adults involved. Likewise, the action sought by Francisco Javier Barahona Olivares, representative of the minor.
Finally, it is resolved to maintain the previous sentences, handed down on November 26 by the Antofagasta Criminal Oral Trial Court, declaring the appeals null and void.