A man tries to move a car that was making traffic on the old South Pan-American highway in Punta Hermosa at 4 in the morning. He can not do it. He gets into the vehicle that is not his. Neither can. A taxi driver, the owner of the car, tries to prevent it. The man hits him and the taxi driver falls to the ground. He splits his head open. He manages to stand up to prevent the man from moving the car once more. The man grabs him, hits him, puts him in a headlock and leaves him unconscious on the track. He runs away.
This dramatic scene happened last Sunday, January 13 at 4 in the morning outside the nightclubs of Punta Hermosa. The aggrieved is Cesar Guillen (46) who worked as a taxi driver in this nightlife area. The aggressor (26) is William Cesar Mendoza Malpartida.
“It all happened at 4 am and my brother got home at 11 am no one knows how. My sister-in-law sees him outside and she doesn’t understand why he doesn’t come into her house. She goes out to see him and he was bleeding and vomiting and she said: I’m sleepy, I’m sleepy, I want to sleep”, Katty Guillen, the victim’s sister, told El Comercio.
Although the family Guillen He filed the complaint at the Punta Hermosa police station last Sunday, February 15. Guillermo Mendoza is still free. The aggressor told Panorama that he acted this way because there was heavy traffic due to Mr. Guillen. “I decided to get out and move the car myself. Acting aggressively followingwards was simply my lack of control“, said mendoza. He ruled out being drunk.
The criminal lawyer, Aldo G. Cárdenas Peña, explained that from what is seen in the videos, he can be sentenced for serious crimes that according to article 121 is not less than four years and more than eight years in prison. But, this depends on the medical examiner’s certificate with the diagnosis and recovery time.
The situation of Cesar Guillen It is currently serious. He is hospitalized at the María Auxiliadora hospital following being in the ICU and undergoing surgery. Until Thursday, his prognosis was reserved, but a few days ago his wife was able to enter to see him. “The left ear does not hear well. He has lumbar problems and a headache. It is not known if there will be sequels. The doctor has said that the recovery will be hard”, said Katty the sister. Guillen has three daughters who are at home.
The family Guillen has made two seedlings, one in the house of the aggressor and another in the hospital, to ask the authorities to quickly capture Mendoza Malpartida. The family fears that he may run away and not take responsibility for the damage done. Katty Guillén told El Comercio that today the family will go to the police station once more to extend the complaint for the crime of homicide.
However, the prosecution must follow a process to request a precautionary measure once morest the person under investigation, such as preventive detention or an impediment to leaving the country, explained criminal lawyer Liliana Calderón. “For preventive detention, certain requirements must be met, such as that the sentence exceeds four years, the person under investigation can escape or hinder justice, and that there are sufficient elements that link him.”, he indicated.
The lawyer argued that if the aggressor is still free, it is because he does not meet these requirements or because the prosecution continues to collect information to support the request for this precautionary measure.
Lastly, he explained that the crimes that Mendoza Malpartida might be charged with are serious injuries, failure to provide aid or assistance and, with the new complaint that the family wants to file, attempted murder. However, he indicated that all this depends on the strategic work of the prosecution.
