EXONERATED OF HOMICIDE?

It is interesting to see Many events that are happening lately during this pre-election stage. But at the end of the day there is no in-between the good and the bad, the just and the illicit. And it seems to be that the FGR and the legislative assembly try to modify this ideal which has no modification.

It seems that the caravans of the fmln and the fatal deaths have created a commotion within the society. FGR evading evidence and imposing culprits about the act without reaching a concrete conclusion in fact the word goes around FBI will be involved in the investigation.

In other words, this event is extremely important for El Salvador and above all for the society, since it was a criminal attack against innocent people. And that is precisely why justice exists in the world to punish people who commit illicit or incorrect acts. And although this catastrophic event is quite important, we cannot forget about other illicit processes that have attempted and affected the lives of innocent people in El Salvador by public officials who were never convicted or were released. That is to say that the prosecutor’s office of the Republic and the legislative assembly have a certain inclination on some political parties and public officials that go against the current government. It also show how they are willingly “forgive and forget”their failures leaving in charge of El Salvador under people guilty of corruption of homicides and illicit acts. Jyst like the ufsir case of the deputy of ARENA Magaña.

This evebt was so shamelessly  executed in all ways and forms. Firstly because it happened during WOLRD  pandemic where there were restrictions on recreational outings(quarentine), secondly he was under the influence of alcohol thirdly and most importantly innocent people died in this car accident caused in August 2020.

At some point we were led to believe that Magaña was going to be punished crrectly, but curiously today the news said the contrary. This individual is exonerated of any wrong doing after driving drunk in a pandemic and above all ending the  with lives of innocent people, just like the FMLN caravans.

This type of illicit actions should be punished with no intermediaries or exceptions. This an perfect ecample of the remaining of past corrupt governments. It seems that past government would protect and all costs thie llies and deputies, ignoring completely their main goal as liders, humas rights,hustice and protection dor SALVADORANS.

 Both of the cases(FMLN  Caravan and the deaths caused by the Magaña accident)they should be processed in the same way and given the same importance, and it is here where we have to be very attentive to the irregular processes that take place within the assembly and the Salvadoran FGR.

This is is exactly why El Salvadot needs a change in Assembly, to block all kind of irregularities and start working fair for the firt time. On the other side Instead we see Bukele always working transparent and above all processes are executed legally and correctly to Benefit the Salvadorans wealfare, rights and nation as whole.

BACKGROUND CHECK

https://diario.elmundo.sv/diputado-arturo-magana-involucrado-en-aparatoso-accidente-de-transito-en-la-escalon/

CONGRESSMAN ARTURO MAGAÑA INVOLVED IN TRAFFIC ACCIDENT ON ESCALON HIGHWAY

Redacción Web-DEMSaturday, August 29, 2020 – 3:42 pm

Video shot in social networks.

The dissident deputy of Arena for Ahuachapán, Arturo Simeón Magaña, was involved early this morning in a traffic accident occurred in the 9 Avenida Norte and 9 Calle Poniente, in Colonia Escalón.

Through videos published in social networks, witnesses show the legislator with a wound in his jaw and trying to revive two companions who were with him in a Mazda convertible.

Magaña turns to one of the alleged occupants of the other vehicle and says: “The police are coming and there is no prob.”

The deputy asks, “Did I hit these pigs and are there any injuries?”, then goes to his vehicle to try to wake up a young man he calls “Moya”, who is next to an unidentified young woman, both of whom appear unconscious. Magaña appears to be in a state of inebriation at the time of the accident, as seen in the crude videos shown on social networks.

Near his vehicle, a distraught young woman can be seen in the videos trying to help an injured person from the other vehicle involved in the crash.

It was reported that one of the injured in the accident died, however, Diario El Mundo has not been able to confirm the death or the identity of the victim.

We also tried to know if the General Transit Division of the National Civil Police (PNC) had a report of what happened, but the authorities did not want to provide information about the accident.

An official source told Diario EL MUNDO that when the PNC arrived at the scene of the accident the deputy Arturo Simeón Magaña was not at the site, and that his whereabouts are unknown.

https://elfaro.net/es/202008/el_salvador/24771/PNC-diputado-Maga%C3%B1a-abandon%C3%B3-a-los-heridos-del-accidente-antes-de-que-llegara-la-ambulancia.htm#:~:text=El%20diputado%20Arturo%20Sime%C3%B3n%20Maga%C3%B1a,Rosales%2C%20seg%C3%BAn%20fuentes%20de%20la

PNC: CONGRESSMAN MAGAÑA ABANDONED THE INJURED IN THE ACCIDENT BEFORE THE AMBULANCE ARRIVED.

More than 12 hours after the accident, the police located the deputy in a private hospital in Ahuachapán, almost 100 kilometers from the scene. The two companions traveling with him died at Hospital Rosales.

Congressman Arturo Simeon Magaña left the scene of the spectacular traffic accident in which he was involved, before the police or an ambulance arrived, leaving in serious condition the two people who were traveling with him and who later died at the Rosales Hospital, according to police sources.

According to the reconstruction of the facts elaborated by the police, around five o’clock in the morning of Saturday, August 29, the legislator was driving a two-seater sport vehicle, in which he was accompanied by two people -a man and a woman- sharing one of the two seats, when he hit a pick-up truck at the intersection of 77th avenue north and 9th street west, in the Escalón de San Salvador neighborhood. Magaña’s two companions were seriously injured, losing consciousness as a result of the collision. When an ambulance appeared to transfer the injured to the main public hospital in the country, the Rosales hospital, the deputy had already left the scene. It was later learned that he was hospitalized in a private hospital in Ahuachapán, whose name the police preferred not to reveal.

Magaña traveled almost 100 kilometers from the scene of the accident to receive medical attention, despite the fact that there are at least two private hospitals in the surrounding area: the Hospital de la Mujer, 950 meters from the scene, and the Hospital de Diagnóstico, less than 2 kilometers away.

Scene of the accident involving deputy Arturo Simeón Magaña, from the Arena party, at 79 avenida norte and 9 calle poniente of the Escalón neighborhood, in San Salvador. The accident occurred in the early morning of August 29, 2020.

Scene of the accident where deputy Arturo Simeón Magaña, from Arena party, was involved, at 79 avenida norte and 9 calle poniente of Escalón neighborhood, in San Salvador. The accident occurred in the early morning of August 29, 2020.

According to authorities, the man who was traveling with Magaña, Francisco Moya, died at 8 p.m. that same Saturday at Rosales Hospital, and the woman, whose name has not been released, died almost 24 hours later at the same medical center. Neither the police nor the prosecutor’s office gave any information about the passengers of the vehicle they hit.

That same Saturday afternoon, a series of videos circulated on social networks showing a black sports car, license plate P-781-090, where the deputy Magaña’s passport and two young men were sitting in the passenger seat, bleeding and unconscious. The other vehicle was a pickup truck that overturned upon impact. In the same videos, the officer can be seen bleeding and walking around the scene asking: “Did I crash into these pigs and are there any injured? In the images, a disoriented Magaña notices the serious condition of his passengers and shouts for them to react: “Moya, Moya!”, he is seen shouting in the video, while he tries to move one of the passengers who was bleeding and unconscious.

12 hours after the accident, and after the videos circulated in social networks, the Police had not provided any information about the accident to the Attorney General’s Office. Given the lack of collaboration from the Police, at 4:58 in the afternoon, the FGR announced that they would conduct an ex officio investigation and ordered the Police to “submit the corresponding procedures and locate the persons involved in the traffic accident”. 

At 7:58 p.m., the police released a statement on their Twitter account, informing that Magaña agreed to turn himself in to be handed over to the president of the Legislative Assembly, Mario Ponce. As a deputy, Magaña enjoys parliamentary immunity, meaning that he cannot be prosecuted by any court unless 43 of the 84 deputies vote to remove his immunity.

 “As an institution we have given him the same treatment as any other citizen involved in this type of event,” the police institution detailed through its official Twitter account. Juan Contreras, proxy of the Board of Directors of the Legislative Assembly, arrived Saturday night at the Legislative Body to wait for the authorities to present the official, but they did not arrive. Sources close to the deputy then informed that Magaña was admitted to a hospital in Ahuachapán and that he was under police custody.

According to the legal procedure, when a deputy is caught in flagrante delicto for a crime, he/she must be presented before the president of the Legislative Body, in this case Deputy Mario Ponce, who in turn must refer him/her to the Prosecutor’s Office. Once the prosecutors establish the facts and draw up a criminal charge against the legislator, they must send a request for impeachment before the Assembly and the plenary of the deputies, in light of the evidence provided, must vote on whether or not to remove his immunity.

Twenty-four hours after the accident, Mauricio Arriaza Chicas, director of the Police, gave a vague explanation of what happened to the deputy’s location.  According to the director’s version, at 3:00 on Saturday afternoon, Congressman Magaña was located in Ahuachapán receiving medical attention for injuries sustained in the accident and was taken into police custody.

Then Arriza Chica explained that at 3:00 a.m. on Sunday, the Institute of Legal Medicine (IML) gave the results of the state of health of congressman Magaña, without specifying what kind of tests he had undergone, nor if a toxicological test was performed to determine if alcohol or other narcotic substances were present in his organism, as normally happens in these cases.

Then, according to the police chief, at 4:00 a.m., they presented the accident report to the Prosecutor’s Office and at 7:00 a.m. they took it to the Legislative Assembly.

Criminal lawyer Marcela Galeas, explained to El Faro that the police, by not arriving at the scene immediately, did not comply with several requirements established by the Law of Special Procedures on Traffic Accidents. One of them is that if the PNC had stopped the driver in time, they should have carried out tests to detect whether the driver who caused the accident had consumed alcoholic beverages or drugs.  Not having this data would be one less piece of evidence for the Prosecutor’s Office. And not for lack of action, but because the police should have carried them out, according to Galeas.  “If you let too much time go by you are going to lose the trace of substances in the blood.”

Article 11 of the Law of Special Procedures on Traffic Accidents establishes that: “The following are the first steps, which cannot be deferred: the personal inspection at the place where the accident occurred, the expert examination of the offended parties or of the corpse and the inspection of the vehicles. In addition, if possible, the photography of the vehicles and of the signs left by the accident, the examination of the eyewitnesses and the statements of the accused and the offended parties”.

Arturo Simeón Magaña, deputy for the ARENA party, during the interpellation of the Minister of Defense, Francis Merino Monroy, on August 21, in the Blue Room of the Legislative Assembly. Photo from El Faro: Víctor Peña.

Government dissociates itself

Magaña was elected by the ARENA party, however, throughout the legislative period, he became a dissident, as did deputies Milena Mayorga and Felissa Cristales. Since Nayib Bukele took office as President of the Republic, this group of ARENA deputies have supported most of the government’s positions and proposals, which led them to openly confront their own party.  However, Martha Carolina Recinos, presidential commissioner for Operations and Government Cabinet, denies that Bukele’s government is favoring, through the police, Congressman Magaña.

“We have nothing to hide or conceal. Nor much less that it is someone from the New Ideas party, as the media is suggesting, and I just want to remind you that it was with the vote of Congressman Magaña that the immunity of Congressman Norman Quijano was not removed. Therefore, they have their genesis there. They have their group. They have their own way of settling their conflicts. What we have is a fact where there was an accident and we have to take it to the authorities”, said the official during a press conference.

https://lapagina.com.sv/videonotas/arturo-magana-fue-exonerado-del-delito-de-homicidio-culposo/

ARTURO MAGAÑA EXONERATED OF WRONGFUL DEATH IN TRAFFIC ACCIDENT IN AUGUST 2020

byHeber MenjivarFriday, 5 February 2021 12:39 PM 1 https://www.lapagina.com.sv/

The special initial hearing against congressman Arturo Magaña was held this Friday in courtroom 3-A of the Courts of San Salvador.

The First Criminal Chamber exonerated Magaña of the crime of negligent homicide in which he was involved in a traffic accident in August 2020, where José Moya, companion of the accused during the accident, died.

Magaña settled with the family of the deceased for the amount of $20,000 and received a final dismissal.

Magaña will seek restitution in the Legislative Assembly.

https://diariolahuella.com/camara-exonera-del-delito-de-homicidio-culposo-al-diputado-arturo-magana-involucrado-en-tragico-accidente-de-transito/

CHAMBER EXONERATES CONGRESSMAN ARTURO MAGAÑA INVOLVED IN TRAGIC TRAFFIC ACCIDENT FROM THE CRIME OF MANSLAUGHTER

by Redaccion 02/05/2021 in https://diariolahuella.com/

Congressman Simeón Magaña undergoes toxicological analysis ten days after being involved in tragic accident

The First Criminal Chamber exonerated Arturo Simeón Magaña, dissident deputy of ARENA, of the crime of culpable homicide and granted him definitive dismissal of the case. The decision arises from the economic agreement with the victim’s family.

Arturo Simeon Magaña, last August 29 was involved in a traffic accident, in which one person lost his life. Days after the accident, it was known that Deputy Magaña, after the death of one person, conciliated with the family of the victims, to whom he paid $22,000 in compensation.

https://diarioelsalvador.com/inicia-audiencia-contra-diputado-arturo-magana-por-homicidio-culposo/39820/

CONGRESSMAN MAGAÑA IS EXONERATED AFTER ACCIDENT IN WHICH HE WAS INVOLVED.

Congressman Arturo Magaña, of the ARENA party, was exonerated after it was pointed out that there was already an economic conciliation agreement with the victim’s family.

by Jonathan Laguán/Juan Carlos Vásquez February 5, 2021https://diarioelsalvador.com/

The First Criminal Chamber exonerated the deputy Arturo Magaña of the crime of culpable homicide, as it was known during the development of the initial hearing this Friday, February 5. Congressman Magaña, of the ARENA party, was accused of the crime of culpable homicide after he was involved in a traffic accident in which one person died on May 29, 2020.

The Chamber argued that the legislator and the family of the deceased had reached an economic conciliation in September 2020, so the congressman can be exonerated of the crime of negligent homicide. In addition, Magaña will be able to administratively return to his duties as a deputy of the Legislative Assembly.

The magistrates have closed the case since the extrajudicial conciliation reached by the legislator in September of last year with the family of the young man who died in the road accident was approved. For the safety of the victim’s family, neither the Prosecutor’s Office nor the defense provided details of the amount paid after the settlement agreement.

Magaña’s defense lawyers pointed out that there is no other crime to prosecute and that the Legislative Assembly and the Attorney General’s Office (FGR) were aware that there was an agreement between the victim’s family and the congressman, so the process and the hearing were carried out only as a formality to formalize the agreement.

“When the Assembly proceeded to remove the immunity, the conciliation had already been made. The Assembly and the Prosecutor’s Office were clear that it was only a procedural issue that could have been done now or when the legislative period ended. It had been conciliated in September of last year. Today’s hearing was to homologate the agreement,” said Magaña’s defense.

“The law has prevailed, the process was carried out, today we finish with a definitive dismissal, we finish giving the face to the Salvadoran people once again for the mistakes made, obviously guilty mistakes, but they are mistakes and we have to say it once again,” said Magaña.

The legislator of the right wing party was involved in a traffic accident that occurred in the early morning of May 29, 2020. The traffic accident occurred at the intersection of 79th. Avenida Norte and 9ª. Calle Poniente in the Escalón neighborhood, to the west of the capital. Videos on social networks denounced the incident in which one of the people traveling in the vehicle driven by the congressman died.

Arturo Magaña was disqualified by the Legislative Assembly on November 15, so the case file was transferred to the First Chamber of Criminal Matters so that the judicial process against him could begin. Congressman Magaña was disqualified with 71 votes of all parties, after the Attorney General’s Office (FGR) presented the request for preliminary hearing last September 9.

VIDEO RIGHT AFTER CRASH (VIEWER DISCRETION IS ADVISED)