Lawyer insists on prosecuting Jhonier Leal for torturing his brother, the stylist Mauricio Leal

In the image, Jhonier Leal during his capture by the authorities. Photo: Attorney General’s Office

After Jhonier Leal accepted the charges for the murder of his brother Mauricio Leal, and his mother, Marleny Hernández, the country is still waiting to know how long the accused will spend in prison. The criminal lawyer Elmer Montaña, who represented the victims in the hearings of the security measure, affirms that Leal could face a new charge in his case: aggravated torture.

The criminal explained to RCN news that Leal should also be prosecuted for having inflicted physical and mental pain on his brother Mauricio for several hours, “with the final purpose to force him to sign a document, through which he left Jhonier Leal and his nephews as sole heirs”.

As reported by the newspaper Time in interview with The lawyer, Montaña, sent an official letter to the prosecutor’s office, Mario Burgos, which could increase the sentence for the crime of torture.

“The prosecutor in the case described that Mauricio received several punctures from his brother to make that document. Although it is not technical language, after the photos of the body were shown, we understood that it was stab wounds, which inflicted him physical and psychic pain”, he told the media.

It should be remembered that this is not the first time that Montaña requests that Jhonier Leal be charged with this crime. Last week he made the same request before the judge of the security measure hearing; however, she assured him that this was not the place to apply.

Despite the arguments presented by the lawyer Élmer Montaña, the attorney general Francisco Barbosa together with the delegated prosecutor assured that this charge did not apply in this case. “If the crime of torture is not charged, the representation of victims will make their disagreement known to the hearing judge when the pre-agreement passes there for legalization”, Mountain asserted before RCN news.

In such a case that the crime of aggravated torture is added, Leal could have an increase in sentence. He must also answer for the charges of: homicide aggravated by kinship, state of defenselessness and cruelty, and concealment with alteration or destruction of material evidence.

The penalty that Jhonier Leal would face

Once it became known that Jhonier Leal accepted the charges before the guarantee control judge 14 for the crimes of aggravated homicide and concealment, alteration or destruction of material evidence, the reactions from different areas were felt, and both on social networks and in other scenarios, citizens talk about the reduction in the sentence that the person involved will have.

Added to this, the outrage increased after Elmer Montaña, defense attorney for the victims in the case, stated that the accused could receive reductions to the point that his sentence could be approximately 10 years.

However, and in order to clarify the doubts regarding, Infobae Colombia spoke with Santiago Anzola, director of Penal para Dummies on Twitter, who clarified in principle that what Montaña affirmed “is wrong”. Although the fact of having accepted the charges generates a reduction in the sentence, “the minimum he can pay is 30 years in prison.”

“This Mr. Leal was captured, they legalized his capture, then they charged him and at that point the law is the one who says ‘look, if you accept now, in the imputation, I’m going to give you up to 50%’ taking into account the particulars of the case. What happened? That at the indictment hearing, he did not accept the charges, “said the expert.


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