Floridalma Roque lived in the United States and, according to migratory records, entered Guatemala on June 3, 2023 on a flight that arrived at La Aurora International Airport, from Honduras. The reason for the trip was to undergo cosmetic surgery at the Kevin Malouf clinic on June 13 of that year.
His trip to Guatemala had no return. According to MP investigations, the surgeon, along with three of his collaborators, simulated that Roque was alive while his body was mutilated and buried in a farm in Escuintla.
The thesis of the MP and the victim’s institute suggests that Malouf committed a homicide and no guilty homicide.
The MP argued that the surgeon acted with eventual intent, as he did not try to save Roque’s life.
https://www.youtube.com/watch?v=gztk9vi89bm
Juan Carlos Aquil, lawyer of the victim’s institute and complainant in the case, explained that the nurse Luis Castro declared how Malouf did not apply the insulin to the patient, did not give him first aid or transferred it to a sanatorium, despite the recommendations. Subsequently, the doctor dismembered the body and made it disappear.
He added that the investigating entity indicated that the surgeon did not act wrong, but was a conscious act of the actions that would cause the death of Floridalma Roque. According to the MP, the facts frame in the crime of homicide.
In addition, Castro said during his statement that Malouf already had a “plan” to the possible health complications of his patients.
“He – Malouf – two days before the Public Ministry visited him, because at that time he was being investigated for the death of a woman originally from Petén, allegedly his patient,” said the lawyer.
The victim’s institute argued before the judge that Malouf committed homicide by avoiding paying medical attention to Roque when he needed it.
“The law establishes that there is a crime of action by omission and that there are people who have a guarantor position before society,” Aquil said.
He explained that, by undergoing surgery, the patient accepts that there is risk during the intervention, but the professional should do everything possible to save his life at all times.
“When we see the actions of Dr. Malouf, at no time seeks to save Floridalma Roque’s life. On the contrary, he knew as a doctor that, if he didn’t provide help, she could die, and dies, ”he said.
The lawyer said that Roque needed insulin to be stabilized during surgery, but applied it at least seven hours later.
“For us there is no negligence or recklessness, but an omission homicide. He – Malouf – had the legal mandate to act to save his life, ”he emphasized.
Despite the arguments of the victim’s institute and the MP, Judge Pedro Laínez modified the crime to guilty homicide.
Laínez explained that the statement of the nurse Luis Castro had not been at a test audience, but was part of his defense. Therefore, the MP could not determine at that time the intent or intention of the defendants against Roque.
The plastic surgeon Kevin Malouf only appeared in person before the judge on the day of his capture. Throughout the process, he participated by video call.
Mutilated corpse
Nurse Castro decided to declare in the Chamber on May 2, 2024, during the intermediate stage of the judicial process.
As he said, both he and other employees warned Malouf that it was necessary to acquire insulin and, in the most critical moments, which was required to transfer the emergency patient to a hospital.
However, Malouf resisted.
“We tell Mr. Malouf that Mrs. Roque had to be transferred and he says no, that it is very expensive, that he will not pay it,” Castro added.
“Unfortunately, Mrs. Roque never woke up and could not say to this day what the cause was,” he added.
Castro revealed that Malouf, he and the other two involved placed the body in a large boat with wheels. Then he expressed a phrase that resonated in the room: “It was fetal.”
The prosecutor asked him another direct question:
“Can you indicate who helped in that regard?”
Castro responded immediately:
“The four people who were in the clinic.”
At 23.57 on the same day of the operation, according to the Prosecutor’s Office, Malouf retired from his clinic and transferred the victim’s remains to his home in Santa Catarina Pinula.
Hours later, Malouf and other people coordinated actions to disappear the body.
The prosecutor explained that dentated mountains were used to fragment Floridalma Roque’s body.
“Then, you,” Malouf, “and your partners agree to launch your victim’s human remains in a wooded area of San Vicente Pacaya, Escuintla,” he explained.
The human remains were located on June 5, 2024 in a pit, about 29 kilometers from the capital.
According to the Prosecutor’s Office of Femicide, Malouf, Susana Rojas, Luis Castro – infermers – and Lydia Viviana Silva – Anesthesióloga – simulated Roque’s departure.
Rojas sat in a wheelchair and pretended to be the patient while Castro took her out of the clinic. Then, the alleged patient rose to a taxi and went to zone 10, where she descended from the vehicle and met with Malouf.
Conviction
For the acceptance of charges, this Wednesday, March 5, Malouf was sentenced to three years and four months in prison for guilty homicide; Lydia Silva, two years and three months for guilty homicide in the degree of complicity; and Susana Rojas, three years for her own cover -up.
The three sentenced were disabled to exercise their profession for six years and seven months.
To this conviction is added another of October 3, 2024, when Malouf, Silva and Rojas were sentenced to two years in prison for hindering criminal action.
That same day, Castro also received another one month in prison for his own cover.
Appeal of the sentence
Juan Carlos Aquil, lawyer of the victim’s institute, said they are analyzing, together with the MP, to present an appeal against the condemnation of Malouf and the other two people.
He added that they opposed the acceptance of charges of the defendants, because the test audience Luis Castro was still pending, which would have allowed him to take Malouf to trial and those involved.
He commented that there are two amparos pending to resolve by a room and, if they declare themselves favorable, the defendants could face a trial for homicide.