41.
Moreover, the Commission finds in the record another statements from witnesses that are consistent
with what was indicated by the petitioners in relation to the place where Jimmy Guerrero’s body was found 53,
the identification of the car used to commit the murder 54 and the dragging of his body55 and that, in general,
they noted the dynamic of the events in the abovementioned terms. 56
E.
Investigations and judicial proceedings initiated prior to the deaths of Jimmy Guerrero and
Ramón Antonio Molina
42.
Subsequently, the IACHR will give an account of the main diligences carried out in the context of the
investigation of the deaths of the alleged victims. The content of some of the diligences has already been
described in the previous section.
43.
On March 30, 2003, the Sixth Prosecutor of the Judicial District of Falcón state (hereinafter “the Sixth
Prosecutor”) executed an order to start an investigation over the events. 57 From the record it results that on
that same day, inspections were carried out on the road58 and in the service station in which “the body of a
young person was found, (...) moreover, it presents abrasions with loss of the epidermis at the levels of the left
shoulder, chest-abdominal region, right and left forearms and left-hand side of the face, with detachment of the
left year (...). After a detailed search, it was possible to see marks of tires of vehicles on the ground, specifically
from the entrance (Girardot Extension) to the place the body was found (...).”59
44.
On the same day, the inspection to the corpses was carried out. Corpse No. 01 presented “a minor
wound in the form of a circular hole, of regular edges reversed at the level of the middle pectoral area. Minor
wound in the form of a circular hole, of reversed regular edges and with halos or burns at the level of the left
costal region. Two minor wounds in the form of a hole at the level of the left costal region (...).” 60 Corpse No. 02
presented “a minor wound in the form of a circular hole, of regular edges reversed at the level of the left parietal
region. A minor wound in the form of a hole in the superior part of the ring finger, a minor wound in the form
of a hole, of reversed irregular edged at the level of the region of the palm of the left side of the left hand, and
severe abrasions with loss of the first layer of skin (epidermis)” in several parts of the body, face and limbs. 61
45.
On the same March 30, 2003, by means of a citizen complaint, it was possible to find in the
surroundings of the crime scene, a GABILONDO Y CIA VICTORIA gun, SERIAL 958084, 32 caliber, with a black
handle piece of synthetic material, with its respective bag with 8 caliber bullets, which was incorporated to the
evidence.62 Likewise, on April 2, 2003, the Criminal Control Court of Punto Fijo executed a search warrant to a
property with the aim of locating firearms and the Ford vehicle, Rey model, color blue, with license plates AUY463 identified by the witnesses.63 It was executed on the following day. No guns were found, however, the
vehicle was located and seized.64
46.
On April 1, 2003, the CICPC ordered the practice of Planimetric Lifting, Ballistic and Anatomic
Trajectory. Moreover, it requested authentic copies of the death certificates of the deceased, the autopsy
Annex 33. CICPC. Record of the interview to Leonardo Morillo. March 30, 2003. Annex to the communication of the State from October
6, 2011.
54Annex 34. CICPC. Record of the interview to Horacio Blanco. April 1, 2003. Annex to the communication of the State from October 6,
2011.
55 Annex 35. CICPC. Record of the interview to Wilmer Enrique Arias. March 31, 2003. Annex to the communication of the State from
October 6, 2011.
56 Annex 34. CICPC. Record of the interview to Horacio Blanco. April 1, 2003. Annex to the communication of the State from October 6,
2011; Annex 36. National Guard, Regional Command No. 4. Detachment No. 44. Judibama Command. Record of the interview to Yarelis
Guerrero. April 2, 2003. Annex to the communication of the State from October 6, 2011.
57 Annex 37. Sixth Prosecutor. Order to Start the Investigation. March 30, 2003. Annex to the initial petition.
58 Annex 38. Official communication DP/DDEF N. 01073-03 (Record 11-F6-06.612-03, Section N° I, folio 95). Ombudsman. May 14, 2003.
Annex to the initial petition.
59 Annex 39. CICPC. Record of inspection at service station (Record No. G-371.453). March 30, 2003. Annex to the initial petition.
60 Annex 40. CICPC. Inspection of Corpses No. 645. March 30, 2003. Annex to the communication of the State from October 6, 2011.
61 Annex 40. CICPC. Inspection of Corpses No. 645. March 30, 2003. Annex to the communication of the State from October 6, 2011.
62 Annex 41. CICPC. Road and Vehicle Inspection. March 30, 2003. Annex to the communication of the State from October 6, 2011.
63 Annex 42. Search warrant of April 2, 2003. Annex to the communication of the State from October 6, 2011.
64 Annex 43. CICPC. Police Record of April 3, 2003. Annex to the communication of the State from October 6, 2011.
53
9