Darwin S., a man who has no arms, was ordered into preventive detention in Guayaquil on Saturday following his arrest in a drug trafficking operation.
Anti-drug officers stated after his capture that Darwin S. was responsible for selling drugs using his mouth. A judge at the Southern Criminal Judicial Unit specializing in flagrant crimes in Guayaquil ordered him held alongside nine other suspects.
The charge formulation hearing started at 1:34 a.m. and concluded at 3:29 a.m. on Saturday, August 8. All ten detainees face an investigation for alleged illicit trafficking of scheduled substances subject to control, with prosecutorial proceedings set for 90 days.
Prosecution Evidence and Network Operations
The Prosecutor's Office stated that police inquiries established distinct roles for each suspect within a ring operating in the Nueva Prosperina and Portete neighborhoods of Guayaquil, as well as the Elsa Bucaram area in Duran.
The investigation began after authorities received information about drug distribution across Guayaquil and Duran. Prosecutors carried out surveillance, wiretaps, and property inspections at locations allegedly used to store and distribute drugs.
During the hearing, the prosecutor said these actions identified names, aliases, phone numbers, locations, and ties among the suspects. Raids uncovered 2,944 grams of heroin and 1,175 grams of cocaine, which were presented as evidence.
Prosecutors identified a suspect known by the alias Viky as a drug seller in Duran who kept contact with another distribution member. According to the prosecution, another defendant supplied the drugs and traveled to Duran to deliver them.
Defense Arguments and Legal Objections
A defense lawyer representing Darwin S. and three other suspects questioned several elements of the apprehension orders during the hearing. He pointed out inconsistencies in the time and date on Darwin S.'s arrest order and argued that prosecutors failed to specify individual roles for each client.
The attorney emphasized Darwin S.'s physical disability, noting that he belongs to a priority care group under the law. Defense documents submitted to the court included a sworn statement of residence, certified health report copies, and certificates of honorability.
The defense asked the court to apply alternative measures under Article 522 of the Comprehensive Organic Penal Code rather than preventive detention. The lawyer also appealed the judge's detention order.
Judge Rules on Physical Condition and Detention
In issuing the ruling, the judge stated that the offense under investigation includes multiple governing acts and that Darwin S.'s lack of hands did not alone prevent him from performing a function within the organization.
The magistrate noted that the decision was based on the volume of drugs seized and the specific role attributed to each defendant. He added that video and audio recordings in the case file must be analyzed during the appropriate procedural phase to determine individual participation.
Addressing defense claims regarding arrest orders and notifications, the judge concluded that due process was observed and constitutional rights were not violated. He ruled that alternative measures were insufficient to guarantee the defendants' appearance in court, directing the case to proceed under ordinary procedure for 90 days before competent judges.
