Recently I have noticed that prosecutors from the Ministerio Publico in Chiriqui have been appealing the length of prison sentences bestowed upon gang members, as in this case.
At the request of the Anti-gang Superior Court Prosecutor, Third Judicial District Overturns Sentencing Ruling
The Superior Court of the Judicial District of the province of Chiriqui, reformed a sentence for the crime of gang activity that had not been applied to several people in the gang "Niño Divino", then that the Superior Prosecutor specializing in crimes of unlawful association, Nathaniel Murgas, sustain an appeal against the judgment No. 2 of 10 January 2017 issued by the liquidator.
The judgment of the Court of criminal circuit of Chiriqui, had ordered the conviction of Ronald Orlando Rodríguez González, José Enrique Rivera Arauz, Boniche Pedro González, José Andrés Castro, Ameth Abdiel Sanabria Medina, the penalty of 40 months imprisonment to Elvis Axl Viquez to the penalty of 48 months imprisonment for the crime of gang activity.
After the prosecution's appeal, the Superior Court amended the judgment of 10 January and increased the sentence to 120 months imprisonment to all these accused as perpetrators of the crime of gang activity.
In addition, convicted as perpetrators of the crime of gang activity to eight persons who were acquitted at first instance by the trial judge
In that judgment the Court of first instance had been acquitted: Gatian Odilio Mendoza, Guillermo Anfernee Samundio Horacio González, Manuel Alejandro Reyes, Jospeh Anthony Rovira, Eduardys Clemente Rivers Quintero, Carlos Alberto Lezcano, José Camilo Rivera Arauz and Randy Luis Arosemena Villarreal, of the gang charges for which they had been called to trial.
The prosecutor Murgas said in his stall the discrepancy in this judgment, indicating that there were legal and evidentiary elements that evidence linking the defendants, making it clear that it did not agree with the penalty imposed, because the defendants belong to the gang "Niño Divino" of Chiriqui.
Support the prosecutor in his notice of appeal, that there is evidence of the identification of the members of the gang, on-site inspections, police reports, inspections to social networks that give account of the link that exists between them and the tattoos that have each of the defendants, as well as the declaration of protected witnesses.
Murgas argued that this gang is dedicated to collective security offenses, possession and trafficking of arms and explosives and sale of drugs, facts for which the Court accepted their request and amended the judgment with the signing of the Judges Carlos Humberto Slopes, Carmen Luz de Gracia and Asuncion Castillo.
source Ministerio Publico