This Wednesday, March 23, the 75th municipal court with the function of guarantees of Bogotá, accepted the request of the Attorney General's Office and sent to prison Milton Libardo Jiménez Arboleda, the INPEC guard accused of helping alias “Matamba” to escape from La Picota prison, on Friday 18th of the same month.
The judge made the decision, after considering that Jiménez Arboleda, was aware that the actions he carried out allowed Juan Lárrison Estupiñán to leave the prison. “He knows that acting decisively like this; making those changes, not reporting in minutes, in blogs, giving irregular orders, not reporting to his superiors the absence of a colleague, taking over the post, all this, was favoring someone's escape, and yet he was determined to act like that. There is knowledge and will,” explained the judge in the case.
A day before this decision, the investigating body charged Jiménez Arboleda with favoring the flight, considering that he knew who “Matamba” was and abused his authority, because he instrumentalized a secondary school assistant to bear responsibility for the escape of the second from the Gulf Clan.
During the stage where he was sent to prison, the judge stated that the actions of the INPEC official are a danger to society, “the person being prosecuted here may represent a future risk, due to his access to buttons, doors, accesses. In addition, “Matamba” came out as 'Pedro for his house'. There was no film escape here. The defendant apparently does not respect the public service,” he said.
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The togado added that the evidence presented by the Prosecutor's Office shows that the guard's actions are very serious: “He is a superior and he was able to verify that all protocols were complied with. Obviously, these events that point to citizen Jiménez Arboleda led to this person's escape being facilitated,” he said.
Another point that the judge pointed out after reviewing the supporting material, is that there was no control in the area where the offender escaped. “The canines had more control than any other human being, 15 minutes the bars lasted open. There is indeed awareness in their behavior.”
The escape of “Matamba” began at 12:56 last Thursday night and according to the Prosecutor's Office's account, Jiménez Arboleda, while serving as prison inspector, allowed the fugitive to go out wearing an INPEC uniform and board a vehicle that was inside the prison.
Other arguments taken into account by the judge in making the decision are: that the measure is necessary and that Jiménez Arboleda poses a danger to the community and to the victims. “It is considered a risk of repetition of this behavior in the future, which affects the community, society and victims,” said the judge.
For its part, the defense on duty rejected the allegations of the Prosecutor's Office and insisted that the arguments of the prosecutor are scarce to demonstrate the need for an assurance measure, which they rejected, “the measure will operate automatically and that is not true, the reasonableness must be outlined the arguments, what is that need to impose an assurance measure as demanded by the prosecutor and the prosecutor's office did not comply with the argumentative burden,” explained the defender.
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