Juan Alberto García Tonzo, a police officer in Buenos Aires, has been released after being detained for shooting Bastian Escalante Montoya, a 10-year-old boy caught in the crossfire of a gunfight. The boy tragically lost his life on July 10 in the town of Wilde. Bastian’s family plans to appeal the decision made by the courts, as announced by their lawyer, Matías Morla.
García Tonzo, 30, a member of the Avellaneda Patrol Command, was initially charged with “homicide committed with a firearm in the context of excessive legitimate defense.” This ruling has drawn criticism as it implies that he acted in self-defense, a claim disputed by Bastian’s family.
According to the court’s decision, the officer was granted release due to his lack of prior criminal records, his full cooperation with the investigation, and a verified permanent address. The presiding judge, Estela del Carmen Mollo, has required that he report to the judicial system weekly throughout the legal proceedings. Failure to comply could result in further legal issues for him.
Investigations carried out by the Federal Police concluded that the eight shell casings found at the crime scene all came from the same firearm, identified as García Tonzo’s—a Bersa TPR9 9mm semiautomatic pistol. The report from prosecutor Juan Ignacio Colazo confirmed that the shell casings had been fired by this weapon.
Security footage has also shown that the criminals did not fire at García Tonzo; instead, they fled on foot as he began to shoot. Bastian’s mother expressed her profound anguish over the release of the officer, criticizing his actions by stating that he should have recognized the presence of children in the area.
In an interview, Johana, Bastian’s mother, labelled the prosecutor’s assessment as an “aberration,” arguing that evidence disproved the notion of self-defense. She urged Judge Mollo to reconsider the charges filed against García Tonzo, emphasizing that he acted recklessly, aware that children were nearby.
The family is determined to continue their fight for justice. Johana revealed that the autopsy on Bastian’s body indicated two bullet wounds—one in his neck and another in his shoulder. Matías Morla, the family’s representative, is advocating for García Tonzo to be charged with “aggravated homicide,” stressing that the officer’s reckless behavior resulted in Bastian’s death.
The courtroom battle reflects wider concerns about accountability, particularly in cases involving law enforcement. As the family mourns their loss, the demand for justice continues to resonate strongly within the community.
Source: https://www.perfil.com/noticias/policia/excarcelaron-policia-mato-bastian-indignacion-de-madre-menor-asesinado.phtml
