García was unable to join his family for the funeral of his father, Domingo Deras García, in 1987, and Alba Deras García was unable to return to the country for the funerals of her brother, Herminio Deras García, and her father, nor could she be a help to her mother as she grieved the two losses. D. The criminal proceedings 69. Otilia Flores Ortiz appeared before the First Criminal Court on February 4, 1983, reporting the murder of her husband Herminio Deras García. She described the events of January 29, 1983, and summarized the complaint already lodged on September 30, 1982, when her house was machine-gunned (supra para. 43). She also asked the judge to begin investigations to locate the people responsible for the murder. Her complaint was never processed, and neither Otilia Flores nor the witnesses were ever called to make a statement. 70. The Public Prosecutor filed charges against three members of Battalion 3-16 on July 30, 1998: Marco Tulio Regalado Hernández, R.C.N., and A.R.H.S., for the murder of Herminio Deras García. The Third Criminal Court of San Pedro Sula admitted the charges that same day. 71. Otilia Flores Ortiz made a statement before the Third Criminal Court on August 12, 1998 and reported that the investigation had not been pursued after she had lodged her complaint on February 4, 1983. Luis Deras García and Irma Deras García rendered statements that same day. Witness F.R.R.C. 70 made a statement before the Third Criminal Court on October 28, 1998. 72. The Third Criminal Court of San Pedro Sula issued a warrant on January 19, 1999 for the arrest and rendition of the accused, Marco Tulio Regalado Hernández, at the request of the Public Prosecutor. Regalado Hernández was arrested on October 5, 1999, and made his initial statement. 73. The prosecution filed formal charges on December 9, 1999. The defense reiterated its plea to vacate the arrest warrant on January 26, 2000. The court denied the plea on January 28, 2000. The prosecution submitted evidence on February 22, 2000. The defense submitted its own evidence on March 1, 2000. The prosecution filed a brief on March 8, 2000, requesting formal closure of the first evidentiary cycle, such that the second evidentiary cycle could proceed. 74. The Judicial District Court of San Pedro Sula delivered a judgment on March 17, 2004, acquitting Marco Tulio Regalado Hernández of all criminal liability in the murder of Herminio Deras García. The verdict said, “having examined and weighed all the evidence brought during the proceedings, this Court is not convinced that the accused was the perpetrator and therefore finds that a verdict of acquittal is the proper course.” 75. Actions were pursued from April 1, 2004, through May 23, 2005, to process the appeal filed by the Public Prosecutor. The District Court of Appeals of San Pedro Sula (hereinafter “Court of Appeal”) delivered its decision on May 23, 2005, to reverse the verdict of March 17, 2004, and sentenced Marco Tulio Regalado Hernández to 12 years in prison for the murder of Herminio Deras García. 70 This witness was the traffic officer who had stopped Herminio Deras García’s vehicle on January 29, 1983, witnessed Marco Tulio Regalado Hernández and other agents entering Deras García’s vehicle, and found Deras García’s lifeless body after hearing the gunshot.