The use of firearms to intimidate other people in public can lead to multiple crimes, according to security and law analysts, who warn of the risk of escalating violence in this type of incident.
In the last week, videos have emerged on social networks of people getting out of their vehicles to intimidate other pilots with firearms. one of these events triggered an armed attack in Santo Domingo Los Ocotes, San Antonio La Paz, El Progreso, where a man died.
The images show how the victim gets out of his truck and argues with the occupants of a truck, whom he threatens with a gun. Seconds later, he returns to his vehicle, but is attacked by gunfire from inside the other car.
Departmental Municipal Firefighters reported that the victim, identified as Lubin Cruz, 35 years old, was taken in an agonizing state to a hospital, where he died due to the severity of his injuries.
Threats, shooting and ostentatious carrying: possible crimes
Lawyer Sergio García explained that this type of incident can fall into different crimes, depending on the conduct of the person carrying or using the weapon.
“There are several crimes that are in the Penal Code that fit perfectly with several of these situations that have occurred. For example, we have the crime of threats, 215 of the Penal Code. We also have to look at the Weapons Law, if he shoots without justified cause; this is 127,” he commented.
The lawyer added that the ostentatious and intimidating carrying of the weapon, as well as flagrancy, can also be evaluated, depending on the case.
“There are also crimes such as ostentatious and intimidating carrying, which is in the Penal Code. It is important to mention that in all these cases a complaint is important,” he explained.
He also warned that, when a person points a firearm at another, the behavior can be reported as a threat, a situation similar to what occurred in Santa Catarina Pinula, where one of the crew members of an agricultural truck gets out of the vehicle and points a gun at the driver of a trailer.
“The issue of threats is like that of Santa Catarina Pinula, where there are direct threats and we see that often, that even motorists, which occurs in that situation, have their motorcycles and firearms,” he explained.
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Displaying a weapon can constitute a crime
Former prosecutor of the Public Ministry and security analyst Alan Ajiatas agrees with García that the fact of displaying a weapon in an argument can already constitute a crime.
“Taking out the weapon could be ostentatious carrying, if he makes threats and points the gun it could be a complaint for threat,” Ajiatas commented.
He explained that the legal consequences depend on the specific conduct and the escalation of violence during the incident.
“If you hit someone with the weapon, you could be reported for injuries. In addition, using it against someone could already be classified as homicide with certain intent, for example, if the intention is to attack,” said Ajiatas.
Lack of control and normalization of the use of weapons
The analyst commented that the processes for granting licenses to carry or possess firearms to citizens should be improved. Furthermore, the Police should enforce the law and not allow ostentatious carrying.
“Although they are authorized to carry a firearm, we are dealing with an issue, in a certain cultural way, but it is something negative. In sectors like Chiquimula, Zacapa, Jutiapa, everyone walks with a firearm and for them it is visible, for them it is authority, for them it is image, for them it is status,” he commented.