56.
On March 14, 2016, the Criminalistics Unit discarded the practice of some proceedings given that
several eyewitnesses died or were not located, and due to the impossibility to carry out the planimetric lifting
due to the urbanization of the place. Moreover, it found out that the ballistic evidence was not precise because
it did not reflect whether it had been examined93 and, it later acknowledged, that in fact the bullets and bullets
fragments were lost and their place of custody was unknown. 94 That same day, the Prosecutor attending the
case and the Criminalistic Unit agreed on the practice of the following proceedings: to request information
related to the record of a Gabilondo firearm of 32 caliber; designation of the guns of the officials Felipe Rojas,
Curia and Caldera, in order to make a comparison with the collected projectiles. 95
57.
On March 28, 2016, the Seventeenth Prosecutor’s Office issued a communication to the General
Director of Weapons and Explosives asking if there was a record in said organism of the firearm of the brand
Gabilondo y Cia Vitoria, 32 mm caliber, Serial 958084. 96 On March 30, 2016, the Police of the Falcón State sent
an official communication to the Seventeenth Prosecutor’s Office informing that by the time of the events, the
citizen Felipe Rojas Quero occupied the position of deputy superintendent and was assigned to Police Zone
No.2, located in Punto Fijo.97
58.
On April 1, 2016, the Seventeenth Prosecutor’s Office issued an arrest warrant against police officer
Felipe Rojas, and the Criminal Court of First Instance in Control Functions issued a circular addressed to all the
civil, police, judicial and military authorities to execute the arrest warrant 98 for the offenses of homicide
committed to the detriment of Jimmy Guerrero and Ramón Molina, and frustrated homicide to the detriment
of José Hernández.99 On April 5, 2016, supervisor José Carrera of the State Police headed to the domicile of
Felipe Rojas to execute the arrest warrant against him. However, when he arrived at the property, he was
informed that the citizen was away on a trip.100 In the record there is no information regarding his subsequent
arrest.
59.
On June 9, 2016, the State issued a communication to the IACHR regarding the deaths of Jimmy
Guerrero and Ramón Molina, in which it mentioned that “it was possible to gather information regarding the
full identification and current position of one of the officials involved, against whom the Public Ministry
requested the duly justified arrest warrant on April 1, 2016.”101
Annex 75. Criminalistics Unit. Record of investigation and meeting of March 14, 2016. Annex to the Petitioners’ communication of April
24, 2017.
94 Annex 76. Criminalistics Unit. Record of investigation. April 7, 2016. Annex to the Petitioners’ communication, April 24, 2017.
95 Annex 77. Criminalistics Unit. Minute of March 14, 2016. Annex to the Petitioners’ communication, April 24, 2017.
96 Annex 78. Prosecutor’s Office No.17. Official communication FAL17-204-2016. March 28, 2016. Annex to the Petitioners’ communication,
April 24, 2017.
97 Annex 79. Body of State Police. Official communication 0252. March 30, 2016. Annex to the Petitioners’ communication, April 24, 2017.
98 Annex 80. State and Local Criminal Court of First Instance in Control Functions. Official Communication No 2C-920-2016. Arrest warrant
against Felipe Antonio Rojas Quero of April 1, 2016. Annex to the Petitioners’ communication of April 24, 2017.
99 Annex 81. Prosecutor’s Office No.76. Official communication FAL17-229-2016. April 1, 2016. Annex to the Petitioners’ communication,
April 24, 2017.
100 Annex 82. Police report of April 5, 2016. Annex to the Petitioners’ communication of April 24, 2017.
101 Permanent Mission of the Bolivarian Republic of Venezuela before the OAS, Communication II.2.E8.D-OEA.16-399, of June 09, 2016.
93
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