B. Events of August 22, 1998 27. According to the complaint filed by his family, on August 22, 1998, twenty-year-old Mirey Trueba was riding in a vehicle along with his brother Vidal Trueba and his friend Jorge Jiménez.14 In the complaint, the family noted that at around 1:10 AM, while they were driving down the main street of Baborigame, a military car approached and stopped them.15 28. The Commission takes note of the different accounts of what occurred subsequently to the point of time when the car Mr. Trueba was riding in was stopped. 29. On the one hand, Jorge Jiménez, who was driving the vehicle, made the following statement to the Office of the Public Prosecutor: (…) as they were driving down their lane a military vehicle was driving ahead of them, and that was when they stopped him apparently in order to search them … he stopped, and consequently Mirey suddenly got scared getting out of the vehicle and running out the back (…) and they started (…) a commander to fire shots with a pistol you could hear the discharge of about ten or twelve shots.16 30. Prosecutor: Similarly, Mirey Trueba’s brother made the following statement to the Office of the Public We were riding slowly down our lane and an Army convoy was riding in front of us, which had us stop, they got out and we did too, when all of a sudden Mirey apparently got scared of the soldiers, ran out the back (…) and when he got over a little wooden (…) bridge (sic) a military officer (…) took out a gun and started to fire at Mirey (…)17. 31. On the other hand, the State claimed in its submission of August 2004 that, based on the investigations conducted by domestic authorities (see infra), the following sequence of events was established: (…) as they were driving down the main street of Baborigame, [four members of the military: Infantry Lieutenant Coronel Luis Raúl Morales, Corporal Alejandro de la Cruz, Sergeant José Aguirre and private Ricardo Álvarez] they noticed that at a distance of approximately 20 meters away, a pick up truck was also coming from behind and so the military vehicle stopped in order wait for the aforementioned vehicle to catch up in order to perform a stop on it and carry out a search of the vehicle, as well as its passengers. (…) Three civilians were riding in the abovementioned pick up truck (…). [Mirey Trueba] got out (…) apparently dropping a weapon, which he picked up and walked hastily away from said location, while he said “don’t follow me ‘cause I’ll shoot” so then Infantry Lieutenant Coronel Luis Raúl Morales Rodríguez fired his weapon.18 14 Complaint of Tomás Trueba, August 22, 1998. Annex 2 to initial petition. 15 Complaint of Tomás Trueba, August 22, 1998. Annex 2 to initial petition. 16 Official Letter No. 32161, November 30, 1998. Annex 5 to initial petition. 17 Official No. 32161, November 30, 1998. Annex 5 to the initial petition. 18 State’s communication of August 23, 2004. 5