Valeria Bottini, Rivadavia prosecutor who instructed the case and Mariano Carabajal, head of prosecutors of that department, they will be in charge of arguing and proving with the evidence they collected during the investigation the serious accusations against the couple.
As a result of the fact and after confirmation of the existence of mistreatment and the injuries caused, the mother was arrested and charged a few days later for the crime of homicide by omission, aggravated by the link and treachery. Ávila, the suspect’s partner, was charged with murder aggravated by treachery. That is to say, they understand that he attacked the victim taking advantage of the degree of helplessness being a baby.
The trial will be held this Monday and the two defendants risk the maximum penalty. The evidence compromises them because they understand that the mother omitted help, that is, knowing about the aggression suffered by her daughter and the injuries caused by her boyfriend hitting her, she did nothing about it to help her and “He let her agonize for 12 hours”the sources recalled the case.
According to the reconstruction of the case, everything happened that Sunday around 6:00 p.m. on a farm located on Calle La Verde, s/n, in Los Campamento. There the family was gathered because they were celebrating Father’s Day. In addition to the couple and the three children (the woman had two other older children in addition to Naiara), there were more people in the place.
In a moment, Luis Miguel Ávila, singled out for being a “violent man” and with a previous conviction for gender-based violence, he attacked little Naiara, hitting her and then “he threw her on the floor” they pointed out The woman would have witnessed this episode but she did nothing to help her daughter, the investigation maintains.
The little girl had suffered very serious internal injuries that worsened over the hours. “He had three broken ribs, a skull fracture and a torn liver,” they said. However, the parent only took her to the Saporiti Hospital on Monday, where it was too late to help her and they sent her to Perrupatowhere he eventually died.
There they confirmed that he died as a result of internal injuries and the bleeding he suffered. After learning that Naiara had injuries consistent with her mistreatment, prosecutor Valeria Bottini ordered the arrest of her mother and her stepfather.
The baby’s mother stated at the time that she did not know why she was injured (she only said that she had vomited) but later explained that the girl had fallen at least twice. The lawyer then charged them and they were housed in the penitentiary because she understood that the injuries were not compatible with a fall and yes with domestic abuse, the studies and reports of the Forensic Medical Corps revealed. The lesions were from 24 to 48 hours ago.
In addition to the physical evidence, the reports of the injuries and several testimonials (some minors declared that the aggressor had been the man), the authorities have the psychiatric reports and expertise of both detainees. “The mother has a psychopathic profile, that is, she does not register the pain of others,” they pointed out. The intention is to show that she is lying, they pointed out.
But also, regarding Ávila, they indicated that he is “an antisocial, a violent person.” That is why they believe that the girl would also have been hit on previous occasions. Based on this, another piece of evidence points to a background prior to Naira’s crime. He was convicted of beating his former partner in a case of gender violence.
That woman, who was the victim of the attacks, is the aunt of the accused María Isabel Ortiz. Previously, the victim had been a couple from Ávila and will now be a key witness for the debate that begins this Monday at noon.
The jury, made up of 12 people and 4 substitutes, will be in charge of analyzing the evidence and, after deliberation, have a unanimous decision to clarify or not the crime that shocked the province at the time.