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Former Firefighter Remains in Preventive Detention for Pocochay Fire

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The Guarantee Court of La Calera formalized charges this Wednesday against F.A.M.H., a 33-year-old former firefighter, for the crime of arson in the El Naranjal sector of Pocochay. During the hearing, the Prosecutor's Office presented compelling evidence, including videos and testimonies, pointing to the defendant's involvement in the origin of the fire, which he claims was accidental. Judge Roberto Lizana ordered preventive detention, considering the severity of the crime and the possible intent behind the act.

Last Sunday, December 7th, a forest fire struck the El Naranjal sector in Pocochay, leading to the arrest and formal charging of a former firefighter identified as F.A.M.H. The Prosecutor's Office, after an exhaustive investigation, presented evidence during the hearing that includes recordings and statements implicating the former volunteer in the incident.

The La Cruz Fire Department had removed the accused from his duties after learning of his alleged involvement in the fire. The central discussion in the hearing revolved around the defendant's intent in starting the fire. The Prosecutor's Office pointed to suspicious behavior, evidenced by tracking the trajectory of his vehicle, which repeatedly passed through the incident site moments before the fire broke out.

On the other hand, the defense of the former firefighter argued that the fire resulted from an accident, where a spark from his lighter fell onto toilet paper and, while attempting to dispose of it, he threw it out the window, causing the fire. While acknowledging negligence, the defense attorney maintained there was no intent to cause harm.

However, Judge Lizana decided to apply the precautionary measure of preventive detention, given the danger the defendant poses to society and the severity of the penalties associated with the crime of arson. Although the defense presented mitigating factors that could reduce the sentence, the magistrate only considered the possibility of applying the mitigating factor of the defendant's previously irreproachable conduct.

The judge also mentioned that, given the defendant's experience as a firefighter engineer since 2014, he was aware of the consequences of forest fires. The possibility of eventual intent was contemplated by the court, as the accused assumed the risk by throwing the burning paper without stopping his vehicle.

The mitigating factors of attempting to lessen the damage and cooperating with the investigation were dismissed by the judge at this procedural stage, leaving the former firefighter in preventive detention awaiting trial.