Gustavo Gatica Responds to Court Ruling: «Judicially Confirms Claudio Crespo’s Responsibility for the Incident That Left Me Blind»
Original article: Gustavo Gatica tras sentencia: “Ratifica judicialmente la responsabilidad de Claudio Crespo en los hechos que me dejaron ciego” Independent Deputy Gustavo Gatica spoke out following the acquittal ruling issued on Wednesday by the 4th Oral Criminal Court of Santiago regarding former carabinero Claudio Crespo, who was identified as the material author of the shots that permanently blinded him amid the repression of the 2019 social unrest. In a statement, Gatica asserted that the ruling, while absolving the former police officer, “judicially confirms Claudio Crespo’s responsibility for the events that left me blind. ” “This is an important detail for the pursuit of truth and justice,” he emphasized.
The statement, shared on his social media, comes after the controversial Naín Retamal Law was applied, absolving the accused of criminal responsibility. Specifically, the court deemed Crespo’s actions justifiable under the «legitimate defense» doctrine, which was altered by this new legal norm. It’s significant to note that the ruling confirmed by the 4th Oral Criminal Court of Santiago was communicated in January 2026 and sparked controversy by creating a judicial paradox: on one hand, the judges conclusively established that Crespo was the sole author of the pellets that struck Gatica’s face on November 8, 2019, at the intersection of Vicuña Mackenna and Carabineros de Chile.
Indeed, Judge Cristina Cabello, the president of the court, stated that «the audiovisual evidence is compelling… it is necessary to determine that the only possible author of those shots is the accused. ” However, the same ruling protected the former carabinero under the Naín Retamal law, which modified the legitimate defense doctrine and, according to the judges, justified his actions against “illegitimate, current, and potentially lethal aggression. ” In his public statement, Gatica mentioned that he, alongside his family and lawyers, is evaluating the next steps within the appropriate legal and institutional frameworks.
Gatica: «Today, My Main Focus Is on My Parliamentary Work» Nonetheless, the deputy sought to distance himself from the judicial process to concentrate on his parliamentary duties. “Today, my main focus is on my parliamentary work. I am fully dedicated to the legislative and community work I carry out as a deputy, promoting initiatives and projects that I committed to with the public.
Therefore, I will not further comment on the trial,” he indicated. The acquittal ruling, which also exempted the Public Ministry from paying costs, provoked immediate reactions in legal and political circles. Pedro Orthusteguy, Crespo’s defense attorney, urged the Prosecutor’s Office not to appeal: “We hope that the Prosecutor’s Office, and national prosecutor Ángel Valencia, will reflect on this matter, and that the new regional prosecutor for Centro Norte, Francisco Jacir, will also review this situation,” he explained to Radio ADN.
Thanks to the Naín-Retamal Law, Justice Confirms Crespo’s Acquittal The legal background is crucial to understanding the controversy: the Naín Retamal Law, enacted in 2024 without a veto from then-President Gabriel Boric, received broad support that included parties from the Democratic Socialism. The law tightened the parameters of legitimate defense for law enforcement, and in this specific case, the judges determined there were no explicit instructions about which body area to aim at, a regulatory gap that worked in Crespo’s favor. If this law had not been enacted, the former carabinero would have faced a conviction for illegal coercion, as originally requested by the Prosecutor’s Office.
Despite this situation, Gustavo Gatica expressed gratitude for the affection and support he has received from the public during this time. In his statement, he appealed to memory and acknowledgment of the damage suffered: the ruling, while acquitting, established who was responsible for the shots that left him blind.
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