The Investigative Court number 5 of Valladolid has decided this Friday to keep free, although with measures, the only person investigated for the disappearance and death of the resident of Traspinedo Esther López de la Rosa, according to what legal sources informed Europa Press.
The decision of the main judge, Soledad Ortega, through the corresponding order, has occurred after the new statement was taken from the only one investigated for the disappearance and death of the young woman, for whom the two private accusations, on behalf of the sister and the parents of the victim, have requested his imprisonment and the Valladolid Prosecutor’s Office, carried out by its top person, Soledad Martín Nájera, the avoidable imprisonment on bail of 20,000 euros.
In her order, the instructor imposes on her the obligation to go to court every Monday to sign the pending cases of the Civil Guard closest to her home and the prohibition of leaving national territory, with withdrawal of her passport or prohibition of issuance of a new one, without the adoption of a bond for a minimum amount that has no deterrent effect being deemed necessary.
“In view of what has been done up to this point, it is considered that the requirements provided for in the LECR are not met, and that therefore it is not possible to agree to the reported provisional detention without bail of the investigated, since there are other less burdensome measures to guarantee or ensure his presence at the oral trial, and it is important to highlight that the precautionary measure of provisional detention is not contemplated as an early fulfillment of the sentence that could have been imposed on the person currently being investigated,” warns the judge.
The instructor also specifies that “even when it is estimated that there are sufficient reasons for the cause to believe that the person under investigation is criminally responsible for the criminal act, we cannot ignore that in our criminal law, death due to an accident is contemplated in three different ways, in response to intent. with which the author acts, that is, as an intentional homicide (article 138 et seq. of the Penal Code) as a homicide due to serious imprudence (article 142.1 of the Penal Code) and as a homicide due to less serious imprudence (article 142.2, of the Penal Code ) with the consequent impact on the penalties included in the criminal types, which are less serious in these last two cases”.
Starting from this premise, the judge adds that the provisional detention is intended to ensure the presence of the investigated person at the oral trial, avoid the alteration of evidence, prevent the investigated person from attacking the legal assets of the victim and prevent the investigated may commit new crimes.
“It is evident that we can rule out the last three motivations, since the police investigation is practically concluded and therefore the investigated person cannot hide, alter or destroy the sources of evidence relevant to the prosecution, he cannot act against other legal assets of the victim. and it is unlikely that he could commit new crimes, so it would only make sense to agree to provisional detention to ensure the presence of the person under investigation at the oral trial.”
And it is at this point where the instructor understands that there are no reasons to think that the investigated person intends to evade the action of justice since, except in the first moment in which the police investigation was also directed against two other suspects, he has been the main investigator with knowledge of the investigation procedures that were being carried out, once the secret was lifted, “subject to great media pressure, but he has always appeared at police and judicial calls, he has collaborated in all the procedures that have been carried out without offering any resistance , provided telephone, email, car, keys…etc.
Until the instructor’s resolution, there have been moments of tense waiting, the same ones that occurred early in the morning at the doors of the Valladolid Courts Building, on Angustias Street, on the occasion of the concentration that had been taking place since before. At 9:30 a.m., fifty people, including family members and friends of Esther López, took part in demanding Justice for the victim.
The protesters carried photographs of the deceased and, despite the intense cold prevailing at that time, they stood firm and, intermittently, chanted shouts against the only one under investigation while he made his second statement in court throughout these two years that has lasted for an hour and a quarter and in which he has only answered questions from the judge, the prosecutor and his defense lawyer.
The deponent, to the surprise of those present, has used the main door of the courts to access the property, when everything suggested that he would do so aboard a police car and through the side door on Torrecilla Street, in order to avoid situations of strain.
“Justice for Esther, murderer, liar, coward, narcissist…she was only 35 years old!” chanted those gathered, among whom an aunt of the deceased was the leading voice, who has also demanded that he be put in prison now. “‘The nougats, in jail!”, asked the victim’s aunt, to whom seconds later another woman who was also participating in the mobilization responded with “what nougats, give him poison!”
The new testimony of the now only one investigated, after the proceedings against the other two suspects, Ramón G. and Carlos Lucio G.D (‘Carolo’), were dismissed, occurs after the judge received the report from the Central Unit in mid-November. Civil Guard operation investigating the case.
A “HOT SNAP”
Said report from the Central Operational Unit (UCO) and the Organic Unit of the Judicial Police of the Civil Guard of Valladolid supports the hypothesis of the authorship of the crime by Óscar S.M, the result of a “hot outburst” after a discussion of unknown origin.
The report reiterates that the cause of death was being run over by a car at medium or low speed when the victim was on his back, with the confluence of other factors such as alcohol intoxication, cocaine consumption and hypothermia. , and that the woman did not die instantly but could have survived if she had received palliative care, “which could have violated her right to personal care and palliative healthcare.”
A final report prepared by the Traffic Accident Reconstruction Team (ERAT), received in the last few hours by the judge, makes a virtual simulation of the accident of Esther López on Second Street in the El Romeral Urbanization of Traspinedo after three o’clock. in the early morning of January 13, 2022, in the back of the home of the main suspect, Óscar S.M, and establishes that said scenario is compatible with the enclave where the event occurred.
Among the latest developments in the case is also the fact that the instructor herself has written to the parties, the Prosecutor’s Office, the defense and the two private accusations, to obtain their opinion on whether it is appropriate to agree on a new extension of the investigation. .
It has also emerged that the legal representation of Esther López’s parents has filed a document with the judge in order to request that the case be processed by the jury law procedure.
