The death of Kebyn Brayan Asencio Peralta will not be punished. The three national police officers who sat in the dock accused of homicide were declared not guilty by a jury. Based on his verdict, Judge Alberto Varona has issued a ruling that resolves in the following way the key aspect that the law determines for the complete defense of self-defense: “The jury has declared proven the fact that the agents used their regulatory weapons “It was the reaction that would be expected from anyone who found themselves in the same situation, with identical circumstances, before shooting.”
With some disagreements about how it happened, the court unanimously considered that Kebyn put the lives of the police officers at risk with a knife with a blade length of 12.5 centimeters and two centimeters wide, somewhat larger than the cutlery used to cut the knife. meat. The agents had gone up to his house, in the Madrid neighborhood of Palomeras (Vallecas), with the keys that the boy’s mother had given them, after demanding her presence because he was very aggressive and had tried to attack one of the brothers.
The last thing that witnesses could corroborate was that four agents, dressed in bulletproof vests and a shield, accessed the portal. Three took the elevator to the ninetieth floor. The fourth did not fit and arrived when the shots had already been fired, so he did not sit on the bench. Only Kebyn, 21, and the three police officers know what happened. The boy is dead and the agents have described a man out of his mind who, with the aforementioned knife, tried to stab them again and again from the sides and above the shield, until the protection broke and he tried, according to their version , finishing one of the police officers against the wall on which he was leaning after falling.
The private prosecution, which was made up of Kebyn’s mother and brothers, requested that the police be prosecuted for homicide with incomplete defense. The Prosecutor’s Office, the State Attorney’s Office and the defense of the police, carried out by the Jupol union, requested acquittal due to complete defense. For the latter to occur, three elements must be proven: that the perpetrators of the homicide respond to an attack, that the need to defend themselves against it is proven – without executing revenge – and that the defense “has been used rationally.”
The Jury Court declared all three extremes proven. The sentence states that the police shield had marks that have been scientifically corroborated to have been produced with the 12.5 centimeter knife. Likewise, the jury considers that when the agents fired 19 times – seven of which hit Kebyn – the accused was still holding the knife “and the aggression had not stopped.”
The family alleges that at the time of the 19 shots, Kebyn was only holding the handle of the knife, without the blade, after it broke in the fray and the two elements appeared separately when it was all over. The jury found it “not proven” that the knife was broken when the shooting began. The police claim that this occurred when the fourth police officer pounced on him to take it away after receiving the seven shots.
But it is the third extreme, that of a “rational” use of the defense against an attack that allows the defense to be declared incomplete, as the jury has considered, and, therefore, the acquittal. “To assess such a budget – says the ruling to which elDiario.es has had access – it will be necessary to place any person with the characteristics of the accused in the situation experienced. And the jury has declared proven that the fact that the agents used their service weapons was the reaction that could be expected from any person who found themselves in the same situation, with identical circumstances, before shooting. Kebyn’s family has appealed the acquittal sentence.
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