The Santa Cruz Oral Criminal Court sentenced David Alejandro Otero Ortiz, with costs, to a sentence of 5 years and one day in prison, plus the legal accessories of perpetual absolute disqualification from public office and political rights and absolute disqualification from professional titles for the duration of the sentence, as the perpetrator of the completed crime of robbery with violence and intimidation. The crime was committed in the commune in December of last year.
In a unanimous ruling (case number 76-2024), the court – composed of judges María Angélica Mulatti Oyarzo (president), Gricelda Valenzuela Rodríguez and judge Rafael Escalante Ortega (editor) – also sentenced Otero Ortiz to two sentences of 41 days of effective imprisonment, accessory suspension from office or public office during the term of the sentence and the payment of two fines of 1 UTM, as the author of two frustrated crimes of simple theft. Illicit acts committed in August and November 2023, in Santa Cruz.
The court found, beyond any reasonable doubt, that at around 4:00 p.m. on December 3, 2023, “(…) the minor victim, 17 years of age, was in the company of his cousin, in the Paniahue Bridge area, when they were approached by the accused David Alejandro Otero Ortiz, who approached the victim, intimidating him, grabbing him by the chest, threatening the two victims with a knife, starting a struggle in which the accused Otero cut his left arm, taking away his Xiomi brand cell phone, as well as the cousin’s bicycle, leaving the place in an unknown direction with both species. As a result of the aggression, the minor suffered minor injuries. The bicycle that the accused appropriated corresponds to an unbranded, track-type, red bicycle, with pedals on the rear wheel, which was found in the possession of the accused the next day.”
Likewise, it was established that around 6:20 p.m. and 8 p.m. on August 25 and November 25, 2023, Otero Ortiz, “(…) entered the Líder supermarket, located in Rafael Casanova in the commune of Santa Cruz, going to the liquor section, where in the backpack he was carrying, he stored 3 bottles, two of Olmeca brand tequila, one of Gin, valued at the total sum of $40,370, and two other bottles of Olmeca tequila, valued at the sum of $33,180, crossing the checkout line, in both cases, without paying for the products, trying to flee, at which time he was detained by the guards of the commercial premises, who handed him over to Carabineros.”
Once the verdict is final, the court ordered that a biological sample be taken from the convicted person to determine his genetic fingerprint and include it in the national DNA registry of convicted persons.
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