136. The Court finds that there are contradictions between the different statements
that underpin the State’s argument. On the one hand, the State claims that Néstor
José Uzcátegui had fired against a police unit but, on the other hand, the
documentation submitted includes several testimonies gathered within the context of
the investigation into his death, which merely indicate that Mr. Uzcátegui had “fired
shots into the air”197, but do not mention any shots fired at police units. Other
testimonies by police officers only mention that a citizen was “firing shots”198, but
make no reference to any confrontation between that individual and police officers.
Furthermore, according to the information presented by the State, based on the
testimonies of police officers, the individual who allegedly confronted the police unit
had allegedly fired at Unit P-176.199 However, according to the testimony of one of the
officers in that unit, they were “informed that some citizens in the sector [of] Las
Velitas were firing shots”200, but he made no mention whatsoever of a confrontation
involving his unit. Consequently, the Court finds that the testimonies presented by the
State are inconsistent in demonstrating that Mr. Uzcátegui had actually been firing
shots in the street or that he had done so against the police unit.
137. Moreover, regarding the alleged confrontation between the police and Néstor
José Uzcátegui, the Court also finds that the evidence furnished by the State
contradicts its own allegations in these proceedings. In particular, the version given by
police officers who participated in the operation states that Néstor José Uzcátegui
197
Cf. Record of interview on August 6, 2009 with Officer López Colina Wuilmen, “I was on duty
patrolling the perimeter of the city, when we heard a radio message saying that an unidentified citizen was
firing shots into the air in the district of Las Velitas II, and so we drove to the area” (Evidence file, volume
18, page 5624)). Record of interview with Maria Antonia Toyo, January 1, 2001, “’pelón cañada’ was drinking
aguardiente and was walking near my house, carrying a firearm and shooting into the air, not caring
whether he injured the people who were walking along the paths” (Evidence file, volume 18, page 5587).
198
Cf. Record of interview on August 12, 2009, with Officer Francisco Ramón Primera Oberto: “we
received a radio call from General Police Headquarters telling us to go to the district of Las Velitas where a
citizen was firing shots, but when we arrived there, the Public Order officers where already there” (Evidence
file, volume 18, page 5625) ; Record of interview, August 6, 2009 officer José Luis Acosta, “then
Headquarters ordered us by radio to proceed to Las Velitas district, near the Chávez stream, because a
citizen was firing shots, so we drove to there and when we arrived they were removing two suspects who
were arrested and one who was wounded and on his way to the General Hospital of Coro where he later
died” (Evidence file, volume 18, page 5624 and 5625), and Record of interview on August 5, 2009 Officer
Riera Gómez Alexis Rafael, “we were patrolling the Cruz Verde district of this city, when a call was received
from the General Police Headquarters of the State of Falcón, reporting that some citizens in the Las Velitas
area were firing shots. ”(Evidence file, volume 18, pages 5619 and 5620).
199
Cf. Record of interview on August 5, 2009, Juan Alexander Rojas Reyes, who received a radio call
from Unit P-176, commanded by Inspector Jhon Hernandez, “who told me to provide support because an
armed man had fired shots at a police commission”; Record of interview on December 7, 2005, Juan
Alexander Rojas Reyes, the day of the events was 01/01/2001, around 11:30 in the morning approximately
when I was patrolling this sector, in Unit P-118, and that’s when Unit P-176 asked for support in an
operation involving a man who had fired shots at a police unit (Evidence file, volume 18, page 5586);
Record of interview, December 7, 2005, Rodriguez Valdemar Jose, the day of the events was 01/01/2001,
“that day I was acting as head of the group of the Intelligence Department of the General Headquarters of
the Policía of the State of Falcón when we received a call by police radio in which Unit P-176 requested police
support because moments earlier, while making a routine patrol through the sector, an individual had fired
at them” (Evidence file, volume 18, page 5608), and Record of interview, January 1,2001, with Juan
Alexander Rojas Reyes, “we received a radio call from Unit P-176, telling us to proceed to the area of Las
Velitas II next to the Vereda bridge 78-79 of Calle 20, where an individual approximately 1.69 mts. tall,
wearing black Bermuda shorts and no shirt, who was carrying a firearm, had fired shots at a police unit
moments ago” (Evidence file, volume 18, page 5586).
200
Cf. Record of interview on August 5, 2009 Inspector Riera Gómez Alexis Rafael, “we were patrolling
the Cruz Verde district of this city, when we received a call from the General Headquarters of the Police of
the State of Falcón, reporting that some citizens in the area of Las Velitas were firing shots (…)” (Evidence
file, volume 18, page 5619).
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