Roberto Malta’s family continues in a recovery process after losing him 28 months ago in a traffic accident that in a few hours went viral on social networks and that united citizens to demand justice in court.
His pain has not dissipated, the relatives say, because despite the evidence, the woman responsible for his death is still on the run, although she was arrested after falling asleep at the wheel, some 100 meters ahead of where she ran over Roberto.
The victim in this case was 38 years old at the time, had been married three years before, wanted to have children and worked in sales, his friends say.
“It was a very strong loss, especially for Andrea, his widow,” said lawyer José Massú, who knew Roberto and is currently defending the deceased’s family, although the process will be suspended until Kenny Solange A., the suspect, is arrested and brought to trial.
The lawyer explains that Roberto had left a friend’s house in the early morning of September 5, 2020, put his computer in the back seat and when he was going to get into the car he was run over by the 40-year-old woman, who was initially driving. halfway down the street and then veered off in the direction of the victim’s car.
Thus, Roberto was trapped between both cars. His body was crushed.
His friends quickly came out and seeing him on the floor took him to the Luis Vernaza hospital, where he was in a coma for a week.
After a week in a coma, Roberto Malta died, who was run over by a driver in Urdesa
Meanwhile, Kenny Solange A., at the time of the accident, drove two blocks to the door of his house and fell asleep at the wheel, says the fact report. There the neighbors wanted to lynch her, but she was arrested and taken to the Albán Borja Prosecutor’s Office.
The woman failed the psychosomatic test, was unable to walk in a straight line and had liquor on her breath, said the guard who stopped her. In addition, she did not agree to take the breathalyzer test, but the law is explicit: if a driver does not want to submit to the test, it is assumed that he has the highest degree of alcohol in his blood, says the lawyer Massú.
Despite this, the woman obtained precautionary measures because she presented her cosmetologist RUC and a rental contract from her mother. Thus, her defense ensured that she was not going to flee because she had reasons to stay at home.
They released her, but they ordered her to appear twice a week at the Prosecutor’s Office and not leave the country.
Only once did he appear at the Prosecutor’s Office. When she found out that Roberto had died on September 12, the woman didn’t show up anymore.
The hearing to reformulate charges did not arrive on September 16 either. That day the number of injuries was changed to wrongful death for driving under the influence of alcohol.
Judge Heydi Borja then ordered preventive detention. Since then she has been considered a fugitive from justice.
Roberto Malta’s lawyer mentions that if found guilty she could spend up to twelve years in jail and clarifies that for the process to prescribe the woman must remain in hiding for 17 more years.
“There were rumors that he was hiding in Peru, it was also said that he was in Miami, but we no longer know. Supposedly they issued the alert to Interpol, but I am not aware of that”, comments the jurist.
Guayaquil: For possible procedural fraud, the person who ran over Roberto Malta is also being investigated
The prosecutor Azucena Camatón explained two years ago that the agents of the National Police were notified for her search, that the migratory movements were reviewed and at least legally she would not have left Ecuador.
He even said that bank accounts had been traced, but no positive results yet.
Meanwhile, the defendant’s defense, lawyer Jorge Haz, maintains that his client is also tormented by this case and wants it to end as soon as possible, but assures that he fears for her safety.
“Kenny has wanted to turn himself in and repair the family, but they don’t want to. They want her imprisoned and the prison system is dangerous,” says the beautician’s lawyer.
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He insists that due to the connotation of the case, his client even received death threats by telephone and that is why he points out that he will not turn himself in until the environment is safe for her.
But he stresses that Kenny Solange wants to repair the damage and reach an out-of-court settlement because his life has also been cut short after that traffic accident.
In addition to the process for Roberto’s death, the Prosecutor’s Office reported years ago that the woman must face another investigation: having violated the precautionary measures and not having appeared as ordered by the judge in flagrante has triggered a second investigation against her for procedural fraud, said prosecutor Azucena Camatón at the time.
For this crime, he could face a sentence of 1 to 3 years in prison, however, in the judicial system there is no record of any process for this crime against women.
A lawsuit was also opened against the defendant for the death of Roberto Malta on June 24, 2021 for the car involved in the accident.
Lawyer Haz mentions that the dealership that sold him the electric car started a lawsuit for not paying the vehicle fees and that months later the car was removed from the vehicle retention center and delivered to the company as a form of payment. (YO)
Source: Eluniverso
Mario Twitchell is an accomplished author and journalist, known for his insightful and thought-provoking writing on a wide range of topics including general and opinion. He currently works as a writer at 247 news agency, where he has established himself as a respected voice in the industry.
