he picked up and walked hastily away from the location while saying “don’t follow me ‘cause I’ll shoot” so then Infantry Lieutenant Colonel Luis Raúl Morales Rodríguez fired his weapon. 27 31. The State contended that during the investigations it was determined that the agent of the military that fired the shot never had Mirey Trueba in his sight, meaning that the shots were not aimed at a target. Thus, the State claimed that Lieutenant Morales “fired without a specific target point toward where Trueba was fleeing (…) with the intention of frightening him and preventing him from escaping.” 28 It further argued that “the darkness at the time led the military men to assume that Mr. Trueba (…) had managed to get away, and therefore they decided to immediately set out after him, finding him seriously wounded.” 29 32. Vidal Trueba Arciniega and Jorge Jiménez pointed out that the soldiers did not do anything to help Mirey Trueba Arciniega once they found him wounded. They expressed that the soldiers hit them and did not allow them to help Mirey, who was bleeding out. 30 33. Mirey Trueba Arciniega was transferred to a clinic of the ejido. According to the statement given by Doctor Efrén Royval Simentral, he had been dead for three hours due to a wound in the femoral artery. 31 In this regard, the State indicated that Mr. Trueba died while he was being taken to the clinic. 32 C. Investigation and judicial proceedings 34. On August 22, 1998, Tomás Trueba Loera, father of Mirey Trueba Arciniega, filed a complaint with the Office of the Public Prosecutor of Baborigame, Chihuahua. That same day, the Assistant Prosecutor of the Office of the Public Prosecutor opened initial investigation No. 23/98. 33 The Assistant Prosecutor went to the clinic of the ejido in order to conduct a visual inspection of the body of Mr. Trueba and determined that he had a gunshot wound. 34 The Office of the Public Prosecutor also conducted a visual inspection of the scene of the crime, where eleven firearm shell casings were found, and took the statements of Vidal Trueba and Jorge Jiménez. 35 The petitioners also maintained that Captain Job Edilberto García testified that “[he] noticed that the wounded man had no gun at all, an also, no gun was found in the 27 Cf. Brief of observations by the State on case No. 12,659 Mirey Trueba Arciniega of August 23, 2004, addressed to the IACHR (brief containing evidence, folio 114). Cf. Brief of observations by the State on case No. 12,659 Mirey Trueba Arciniega of June 19, 2009, addressed to the IACHR (brief containing evidence, folio 16). 28 29 Cf. Brief of observations by the State on case No. 12,659 Mirey Trueba Arciniega of June 19, 2009, addressed to the IACHR (brief containing evidence, folio 16). 30 Cf. Statements of Vidal Trueba Arciniega and Jorge Jiménez García of August 22, 1998, before the Office of the Public Prosecutor assigned to Baborigame, Chihuahua, included in the complaint (brief containing evidence, folio 84). 31 Cf. Initial petition dated August 2, 2001, filed by the petitioners, addressed to the IACHR (brief containing evidence, folio 55). Cf. Brief of observations by the State on case No. 12,659 Mirey Trueba Arciniega of August 23, 2004, addressed to the IACHR (brief containing evidence, folio 114). 32 33 Cf. Complaint of August 22, 1998, by José Trueba Loera, addressed to the Office of the Public Prosecutor of Baborigame, Chihuahua (brief containing evidence, folios 84 and 85). 34 Cf. Report of November 30, 1998, by the National Human Rights Commission in which it forwarded the information in file No. 98/5007-1 (brief containing evidence, folio 89). Cf. Official Letter No. 2408/98 of December 21, 1998, by the Office of the Public Prosecutor of Chihuahua, addressed to the Head of Department of that institution (brief containing evidence, folio 181). 35 10