C.R.S.D., a neighbor,90 S.J.D.N., a neighbor,91 and E.J.U.M., a neighbor,92 all agree on this
approximate time.
76.
Regarding this incident in which Robert Díaz Loreto was shot three time by the police
officers, it is on record that: (a) he had a wound in his left shoulder, with exit orifice on his
right side, in the sixth intercostal space with anterior axillar line; another wound in the
epigastric region, 2 cm. from the center with an exit orifice in the right lumbar region, and a
wound in the left lumbar region, with no exit orifice;93 (b) according to the forensic appraisals,
the shots were fired “from a distance,”94 and not point blank as the representatives have
argued, and (c) a .38 caliber revolver was gathered at the scene of the incident, near a
bloodstain, with five percussed shells in the barrel.95 During the autopsy performed on Robert
Díaz Loreto, it was found that he had “finely granulated black inorganic material in ocular
conjunctiva, oral mucosa, respiratory tract, lungs and digestive system.”96 Finally, two
statements by individuals who went to the Corinsa Social Security clinic indicated that Robert
Díaz Loreto’s body was “wet from wastewater and there was mud in his eyes and ears.”97
77.
In addition, according to all the statements, the events happened very rapidly and
Robert Díaz Loreto, wounded, was placed in the police vehicle to be taken immediately to the
Corinsa Social Security clinic for attention. According to the representatives, and the State
has not disputed this, that health center was a mere 15-minute drive from the scene of the
incident.98 However, according to the statement of Juan Rene Rios Ochoa, guard on duty at
the health center, the lifeless body of Robert Diaz Loreto was admitted at approximately 7.30
p.m.99
78.
On the second occasion that the police officers resorted to the use of force, culminating
in the death of David Octavio Díaz Loreto and Octavio Ignacio Díaz Álvarez, the different
statements reveal that this occurred after the first incident at a time that has not been clearly
defined. These two persons were intercepted when they were driving in a neighbor’s car
(supra para. 36); they had exited the vehicle and died due to gunshot wounds. According to
the police version, they had escaped in a vehicle following the first confrontation and, on
being obliged to halt, opened fire and were shot (supra para. 42). According to the
representatives’ version, after Robert Díaz Loreto had been wounded, they asked a neighbor
to take them to the health center in his vehicle and, on the way, they were intercepted and
gunned down by the police (supra para. 40).
79.
Regarding this incident in which David Octavio Díaz Loreto and Octavio Ignacio Díaz
Álvarez were shot by the police officers, it is on record that: (a) Octavio Díaz died from
Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folio 25).
90
Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folio 19).
91
Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folio 25).
92
93
Cf. Autopsy report No. 0147 of January 8, 2003 (evidence file, folio 6416).
94
Cf. Statement by expert witness Teraza Sergio Rodolfo, cited in the judgment of the Criminal Trial Court of
the Judicial Criminal Circuit of Aragua state of September 4, 2004 (evidence file, folio 6549).
Cf. Statement by expert Oviedo Seijas Joel Jose, cited in the judgment of the Criminal Trial Court of the
Judicial Criminal Circuit of Aragua state of September 4, 2004 (evidence file, folio 6548).
95
Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003 (evidence
file, folio 21).
96
Statements by Alexandra Gualdrón and Jairo Díaz Loreto, cited in relation to the indictment of the Ninth
Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003 (evidence file, folios 23 and 24).
97
98
Cf. Final oral arguments of the representatives during the public hearing of this case on January 31, 2019.
Cf. Indictment of the Ninth Prosecutor of the Judicial Circumscription of Aragua state of June 13, 2003
(evidence file, folio 10).
99
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