truck that was used by the persons responsible for fleeing. 46 She added that chief of the police station at the
time was a good friend of Benjamín Cárdenas, former congressperson; Jorge Berrios, former congressperson;
and Salvador Cárdenas, former member of the Armed Forces.47
4.
The investigation
43.
As a preliminary observation, the Commission notes that it does not have the full up-to-date
court record of the case. The IACHR observes that the State, in its communication of October 25, 2012,
attached a copy of the court record from the Court of Appeal of the Department of Choluteca concerning the
death of Ángel Pacheco León. The Commission stressed that the last page of the copy of said court record is a
letter of November 2005.
44.
With respect to the investigation of the death of Ángel Pacheco León, according to a report
from the Secretariat for Security, on November 24, 2001, a search of the crime scene took place and bullet
casings, bullet fragments, and a check from Mr. Eloy Bonilla were found. 48
45.
A technical expert from the DGIC stated that he was called at 8:00 a.m. to conduct the search
and look for evidence at the crime scene.49 He indicated that, when he arrived, he found that “the crime scene
had been tampere[d] with and that he saw shoe prints in blood stains.” 50 As for the court, it requested the
results of the autopsy.51
46.
On the following day, the General Director for Preventive Policing issued a report indicating
that three persons—Jerhing Maldonado, Hector Estrada, and Alberto Vigil—were arrested as suspects in the
death of Ángel Pacheco.52 The police officer Wilmer Marten stated that Hector Estrada and Alberto Vigil were
arrested when they were found in a white car where stains believed to be drops of human blood were
detected53 in the back seat.54 Jerhing Maldonado was arrested outside the headquarters of the Liberal Party. 55
47.
On November 27, 2001, there was a police lineup of the three persons arrested for
identification by Mr. Pacheco’s son, Yimmy Pacheco. 56 Yimmy Pacheco did not recognize the three arrested
persons and said that the car confiscated from Messrs. Estrada and Vigil was not the same as the one he saw
on the day of this father death.57
46 Statement made by María Regina Pacheco on July 6, 2004. Annex to the communication from the petitioners received by the
IACHR on August 27, 2004.
47 Statement made by María Regina Pacheco on July 6, 2004. Annex to the communication from the petitioners received by the
IACHR on August 27, 2004.
48 Report No. 195-2001 from the Secretariat for Security. Pages 28-34 of the court case file. Annex to the communication from
the petitioners received by the IACHR on August 27, 2004.
49 Statement made by Carlos Rodríguez on December 6, 2001. Pages 81-82 of court proceedings. Annex to the communication
from the petitioners received by the IACHR on August 27, 2004.
50 Statement made by Carlos Rodríguez on December 6, 2001. Pages 81-82 of court proceedings. Annex to the communication
from the petitioners received by the IACHR on August 27, 2004.
51 Court writ of November 24, 2001. Pages 132-133. Annex to the communication from the petitioners received by the IACHR
on August 27, 2004.
52 Special Report from the General Directorate for Preventive Policing of November 25, 2001. Pages 119-120. Annex to the
communication from the petitioners received by the IACHR on August 27, 2004.
53
Afterwards, however, it was determined that said stains pertained to meat that said motor vehicle was carrying.
Statement made by Wilmer Marte. Page 9. Annex to the communication from the petitioners received by the IACHR on
August 27, 2004.
54
55 Prison warrant against Jerhing Maldonado by the Court of First Instance. Page 37. Annex to the communication from the
petitioners received by the IACHR on August 27, 2004.
56
Court Notification. Page 73. Annex to the communication from the petitioners received by the IACHR on August 27, 2004.
57
Court Notification. Page 73. Annex to the communication from the petitioners received by the IACHR on August 27, 2004.