Although it was viralized this weekend and almost told in detail with each action that the Municipality of Guayaquil was carrying out, which included even a persecution along the road to the coast, the case of alleged animal abuse in Las Cumbres is not new. The council had already been tracking the person involved since 2019.
Cristian Castelblanco, trustee of the Municipality of Guayaquil, indicated that since 2019 Juan HE had already been investigated for complaints from neighbors. He had already been fined a basic salary that he has not yet paid and hours of education to prevent abuse that he has not yet taken.
This Monday, the Municipality filed a criminal complaint for the crime of animal abuse against the resident of the Las Cumbres urbanization. Castelblanco went with the director of Animal Welfare, Shirley Moreno, to the Florida Prosecutor’s Office, in the north of the city.
In addition, according to officials, the suspect already had a lifetime ban on having new animals, however, there were eleven in his home: seven dogs and four cats.
This weekend, Juan Carlos HE was arrested in an operation with five dogs and two cats at a gas station in Progreso; and, when searching the house in Los Ceibos, two other dogs and two cats were found.
The case was denounced by the residents of the sector with several photos and videos through social networks, in which the apparent mistreatment was exposed.
In Animal Welfare it was learned that in 2021 the ban became effective and since then the Guayas Prosecutor’s Office had been requested the search warrant to remove the dogs.
This order was only issued this weekend after the dissemination of several videos on social networks, but when the suspect’s house was advanced, he had left the house.
Although the arrest was made due to a scandal on public roads, upon arrival at the Prosecutor’s Office, the hearing was held for a violation of animal abuse, but no officials from the Municipality were present at the proceeding to show the evidence that had been collected and the judge declared it innocent due to lack of evidence.
Castelblanco explained this Monday that they barely had eight hours between the rescue and the hearing and that in that short time they still did not have the medical reports of the animals.
He clarified that although the suspect was released for the violation, with the criminal complaint (crime) he will be prosecuted because one of the rescued dogs has an old fracture that caused permanent damage, the dog limps.
Violation or crime?
Animal abuse configures a violation in which it is determined that whoever causes damage, produces injuries, deterioration to the physical integrity of a pet or companion animal, will be sanctioned with a penalty of fifty to one hundred (50 to 100) hours of community service .
However, two years ago, a modification to the Comprehensive Organic Criminal Code (COIP) was approved, which determines in article 250 that animal abuse is also a criminal offense.
In art. 250.2 is indicated: The person who makes dogs or other animals of urban fauna (…) participate in fights between them, will be sanctioned with a custodial sentence of two to six months. In case of death of the animal, it will be one to three years in prison.
* Abandonment. Art. 250.3: Abandonment of pets. The person who abandons a pet will be sanctioned with community work from twenty to fifty hours.
* Abuse. Art. 250.4: The person who by action or omission causes temporary damage or seriously deteriorates the health or physical integrity of an animal of the urban fauna, without causing injury or death, will be sanctioned with community work from 50 to 100 hours.
Given the assertion of the municipal officials that Juan Carlos HE had a ban on keeping animals and that in the search it was evident that there were eleven, the jurists determined that this action constitutes a violation of article 282 of the COIP (Breach of decision of the competent authority), which implies a sentence of six months to two years in prison.
If this prohibition is true, the Prosecutor’s Office could act ex officio, explained a judge consulted by this newspaper.
“It is a ruling by the Prosecutor’s Office, since it is a crime against the efficiency of the public administration,” commented the expert before the controversy.
The judge indicated that even breaking the ban can lead to more time in jail for the suspect than for the mistreatment of the animals. (I)
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.
