37. Second, there is a version mentioned in police records which states that there was a robbery in the liquor store in which the alleged victims were. Specifically, a person declared that, when trying to leave the place, he accidentally dragged the body that was identified as belonging to Jimmy Guerrero, with his vehicle. 45 This version was confirmed by the wife of said driver. 46 38. Third, the press highlighted that the deaths were not “a settling between gangs” but that they were perpetrated by police officials, as reported by the father and the brother of Jimmy Guerrero, Jean Carlos Guerrero. Jean Carlos Guerrero’s version is consistent with his complaint filed before the Senior Prosecutor, according to which his brother “was tortured before being murdered” and that the perpetrator was the then commissioner of the Police Armed Forces of Falcón state, Oswaldo Rodríguez León. 47 The same is understood from his testimony in the public hearing before the IACHR.48 39. Jimmy Guerrero’s father and brother also declared that the eyewitness Mr. José Hernández had survived, but that he was seriously injured and that they feared for his life. 49 Mr. Hernández provided his preliminary statement and indicated that when he arrived to the liquor store, Jimmy Guerrero got off to do the shopping when “four persons dressed in black arrived,” who were “dressed in police clothes,” and started shooting. Mr. Hernández declared that he was wounded when he tried to get off the car, as well as Mr. Molina, whose body he approached and “[acted] as if he were dead.” He also affirmed that he was able to see “by the edge of the door that they were kicking [Jimmy] Meléndez, [SIC] they shot at him two times, and they dragged him by his feet [...].” Additionally, he highlighted that after being taken to a hospital, 3 police officials had interrogated him about “why was he telling that the police officers had shot at him when the only officials on duty that night were the ones who interrogated him.”50 40. Regarding this version, in the file there appears a record of an interview to an eyewitness of the events who declared that he was working at the liquor store “around 1:30 a.m.” when a man came to buy some drinks, and indicated the arrival of a vehicle out of which two men got off, one of them “gabbed the man who bought me the bottles by the neck and told us not to get involved (...) subsequently he shot him in the head and threw him to the floor. Therefore, Mr. Ramón Molina, who works for us, got off the MONZA vehicle and asked what was going on, (...) and immediately he was shot in several bursts (...). Then, a light brick-colored SEP ran over the corpse, turned around, and one of the passengers tied the body by the leg with a fine rope. Subsequently, they tied it to the rear bumper and dragged him.”51 The witness described the physical characteristics of the persons whom he identified as the attackers.52 Annex 24. CICPC. Police Record interview to Humberto Casas. April 3, 2003. Annex to the communication of the State from October 6, 2001. This person declared: “we were arriving to Rodríguez Distributor to buy a box of beer and I saw a robbery, as I saw a subject in front of the liquor store with a gun in his hand pointing at the inside of the store. When I saw that, I got into the car immediately, as I had already gotten off, and I started in reverse heading to Punto Fijo. When I was arriving to the service station, I felt as if the car’s tire had been poked, so I went to put air to the pump and then my son [...] got off to blow air and I also got off, and that is when I saw that there was a body under the car.” 46 Annex 25. CICPC. Police Record of the interview to Engle Blanco. April 3, 2003. Annex to the communication of the State from October 6, 2011. According to her narration, “On a Saturday, close to Sunday, in the early hours, I was with my husband, a nephew and my two children in a Rey vehicle, and when arriving to Rodríguez liquor store, there were two vehicles, one red and a closed pick-up truck, whose color I could not identify well. Mi husband got off to buy a box of beer and he mentioned that a robbery was taking place. He reversed the vehicle and we started. When we were close to Santa Irene, my husband mentioned that the tire had deflated. He stood up and we got off to inflate the tire, but we realized that the tires were normal. That was when my husband said that we had a man stuck in there.” Moreover, she declared that they did not file any complaints before the authorities because of fear. 47 Annex 26. Communication of Jean Carlos Guerrero Meléndez addressed to the General Prosecutor and the Ombudsman. Annex to the Petitioners’ communication of January 4, 2012. 48 IACHR. Testimony of Jean Carlos Guerrero Meléndez in the Hearing of April 4, 2016. 49 See, among others: Annex 27. Press release. Diario La Mañana, Maiveline Verde, Two deaths in a shooting. March 31, 2003. Annex to the initial petition; Annex 28. Press release. Diario La Mañana, Marianela Millán, They died by an execution and not in a shooting. April 4, 2003. Annex to the initial petition; Annex 29. Press release. Diario El Falconario, Ainnet Chirinos, Relatives of Jimmy Guerrero and Ramón Molina blame the police for their death. April 4, 2003. Annex to the initial petition. 50 Annex 30. Sixth Prosecutor. Communication addressed to the First Instance Duty Magistrate in Control Functions of the Criminal Judicial Circuit of Falcón state/ Punto Fijo Extension and Order Granting Permission to Proceed. Annex to the initial petition; and Annex 31. Criminal Court. Record April 5, 2003. Annex to the initial petition. 51 Annex 32. CICPC. Record of the interview to Manuel Antonio Diogo. April 2, 2003. Annex to the initial petition. 52 Annex 32. CICPC. Record of the interview to Manuel Antonio Diogo. April 2, 2003. Annex to the initial petition. 45 8

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