The inmates who killed “El Cubano” and detained special agents added a new process due to the concurrence of two crimes: murder and kidnapping. Elías R. was in prison for six years serving a sentence of two decades for killing a person in the province of El Oro.
He is one of seven involved in taking as hostages agents of the Intervention and Rescue Group (GIR) and in the death of William Poveda, alias “El Cubano”, inside the Zonal 8 Regional Freedom Deprivation Center, located on the outskirts of Guayaquil.
He has 14 years to purge the penalty of the first offense, but now a new process is added due to the concurrence of two other crimes: murder and kidnapping. The first of these is sanctioned with a penalty of between 22 and 26 years of deprivation of liberty and the second, with imprisonment of five to seven years.
That is to say, added the penalties the sanction that can receive Elías and the others implied in the prison revolt is of 33 years (that can be increased by aggravating). The Comprehensive Criminal Organic Code (COIP) establishes the actual concurrence of infractions and explains that “when a number of autonomous and independent crimes are attributable to a person, the penalties shall be accumulated up to a maximum of twice the most serious penalty”.
The subsection adds that for no reason these can exceed 40 years. Also in article 55 of the same regulations it is established that the accumulation of custodial sentences proceeds up to a maximum of 40 years. Based on the example of Elías, the lawyer Julio César Cueva explains that he still has 14 years to complete for the first sentence, but with the new trial (if he is found guilty) he will spend more than 40 years in prison.
“But because they are different judgments. He continues to subtract the years of his past sentence and if he is sentenced for the murder and kidnapping in jail, he will pay another penalty that counts from the day he was apprehended for that cause. “
The other six involved go through situations similar to Elijah’s. The prosecutor Víctor González explained that at the beginning of all criminal proceedings it is necessary for the Prosecutor’s Office to request precautionary measures such as preventive detention.
“When it comes to convictions for other crimes, it is considered that they could recover their liberty, but by having another process with a prison order, they will be detained and will be liable for the other offense.”
An agent, from whom the identity is reserved, said that there are 17 unruly people who submitted to the GIR agents. At 5:04 pm they entered the area where “El Cubano” was, after forcing the entrance with a metal lever.
Six were armed. There they killed the inmate, threw him from a third level, cut off an ear, then they decapitated him and burned him. The release of the first group of the GIR was at 17:48 and the second, at 17:56. (I)