El Ciudadano
Original article: Justicia ratifica absolución de excarabinero Claudio Crespo a pesar de acreditarse que disparó contra Gustavo Gatica
On Wednesday, May 13, the 4th Criminal Court in Santiago announced its acquittal of former police officer Claudio Crespo, despite evidence proving that his shots struck Gustavo Gatica, who subsequently lost his vision due to the injuries.
However, the application of the «Naín Retamal» law absolved the former officer of responsibility, with the court ruling that his actions were justified under the concept of «self-defense.» It’s important to note that this legal framework was altered by the new law. Had the «Naín Retamal» law not existed, Crespo would have faced conviction for unlawful violence, as sought by the prosecution.
Following the announcement of the acquittal, which also determined that the Public Prosecutor’s Office would not be liable for the trial costs, Crespo’s defense attorney, Pedro Orthusteguy, urged the prosecution not to appeal the court’s ruling.
«We hope the prosecution reflects on this, and that the national prosecutor, Ángel Valencia, addresses the matter, as well as the new regional prosecutor for Centro Norte, Francisco Jacir, who should also review this situation,» Crespo’s attorney stated to Radio ADN.
Confirmed Gunfire
The ruling acquitting Claudio Crespo was issued in January 2026. In the decision, the judges concluded that of the three officers present with riot shotguns at the intersection of Carabineros de Chile and Vicuña Mackenna on November 8, 2019, Crespo was the only one who fired shots at the precise moment the assault on current Deputy Gustavo Gatica occurred.
«The audiovisual evidence is unequivocal in concluding that at the time the victim was injured, neither Cárdenas nor Saldivia were firing, making it necessary to determine that the only possible author of those shots is the defendant […] It is clear that the victim was injured by a riot shotgun blast that did not come from Cárdenas or Saldivia,» stated Judge Cristina Cabello, president of the 4th Criminal Court in Santiago, while reading the ruling.
Nevertheless, the judges indicated that Crespo’s action «is covered by the law, as it constitutes a legitimate exercise of the right to self-defense against an illegitimate, current, and potentially lethal aggression in the context of fulfilling the constitutional and legal duty of maintaining public order, which was severely compromised.»
Additionally, the judges emphasized that Carabineros regulations do not specify how shots should be fired, including considerations of distance and direction. Thus, for the court, «there are no specific instructions on the area of the body to be targeted.»
Regarding the Naín-Retamal law, it is worth noting that it was not only supported by the right wing, but also received votes from then-ruling parties (Democratic Socialism), and even former President Boric did not veto it. Instead, he promulgated it immediately the day after its passage from Congress, thus preventing any appeal to the Constitutional Court.
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