La Sala III de la Cámara Federal de Casación Penal confirmó la condena a 15 años de cárcel contra el ex jefe de la Unión Ferroviaria (UF) José Pedraza por el crimen del joven militante del Partido Obrero Mariano Ferreyra, cometido en octubre del 2010.
El fallo de la sala III del máximo tribunal penal del país confirmó las condenas impuestas en un juicio oral a Pedraza, su ex segundo en el gremio Juan Carlos “Gallego” Fernández y a los autores materiales Cristian Favale y Gabriel “Payaso” Sánchez, entre otros.
La decisión fue por el voto en mayoría de los camaristas Mariano Borinsky y Juan Carlos Gemignani y fue recibida con aplausos en el primer piso de los tribunales federales de Retiro donde aguardaban los familiares de Ferreyra, su madre y hermanos, abogados del CELS y otras querellas.
Casación rechazó los recursos presentados por las defensas de todos los condenados y elevó las penas impuestas a dos policías juzgados por liberar la zona del hecho: Jorge Raúl Ferreyra y Luis Mansilla, quienes deberán cumplir 10 años y 8 meses de prisión.
El Tribunal Oral en lo Criminal 21 había condenado a todos al término de un juicio oral en que se concluyó que Ferreyra fue baleado durante una marcha de tercerizados del ex ferrocarril Roca que reclamaban su pase a planta permanente, en una agresión instigada por los entonces líderes de la Unión Ferroviaria.
Pedraza y su ex segundo Fernández fueron condenados a 15 años como partícipes necesarios mientras que Favale y Gabriel Sánchez a 18 años como “coautores” de homicidio simple y homicidio en grado de tentativa por los heridos a balazos.
También Casación dejó firme la pena de 18 años al delegado Pablo Díaz como “participe necesario”.
Los ferroviarios Jorge González y Salvador Pipito recibieron 11 años como coatuores; y Claudio Alcorcel 8 años.
Los policías Mansilla y Ferreyra fueron condenados a diez años, pena elevada hoy a diez años y 8 meses por Casación como partícipes necesarios.
Casación confirmó las absoluciones de los ferroviarios Juan Carlos Perez, Guillermo Uño y Rolando Garay.
Otros tres policías, Luis Echeverría, Gastón Conti y Hugo Lompizano, quedaron condenados a dos años por incumplimiento de deberes de funcionario público.
En su voto en disidencia y minoritario, Catucci había considerado que Juan Carlos Fernández, Pablo Díaz, Favale, Sánchez, González y Pipitó debían ser condenados a prisi´`on perpetua por homicidio agravado.
Y en cuanto a Pedraza, había postulado anular su condena por entender que se trató de una acusación “sin sustento en prueba objetiva de su responsabilidad con el grado de certeza propio de un juicio de condena”.
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