32. The State also contended that during said investigations, it was determined that even though Mirey Trueba was shot with a firearm by an agent of the military, “it is also so that the military officer never had him in sight, in other words, the shots were not aimed at a target, it was due to an accident.”19 33. In its submission of June 2009, the State based its allegations on the determinations reached by the criminal justice system. The Mexican State contended 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.”20 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.”21 34. Both the petitioners and the State concurred that Lieutenant Morales fired off eleven shots in the direction in which Mirey Trueba was running.22 35. With regard to what happened after the shots were fired by officer Luis Morales, the Commission takes note of the differing accounts. 36. Vidal Trueba claimed the following: (…) [Mirey] fell (sic) wounded, he was writhing, then several soldiers approached Mirey and did nothing to help him, then two other military cars arrived, I could not get close because others were holding me and they wouldn’t let me speak, if I tried to speak they would push me and silence me (…) the soldiers continued to mistreat me (…)23. 37. For his part, Jorge Jiménez made the following statement: Vidal and I tried to help Mirey but the soldiers didn’t let us get near, they hit us in the face with their hands and one hit me with a rifle in the ribs and threatened to kill me, accusing us of being drug traffickers and we weren’t able to come to Mirey’s aid, he bled to death from the wound caused by the bullet shot.24 38. Doctor Efrén Royval Simental, the surgeon who was working at the clinic of Baborigame, made the following statement: At 1:50 AM (…) Captain Raúl Ruiz Gómez arrived, I asked him to transfer the wounded man to the unit because I had other patients,25 while I was getting together what was necessary to treat him, so I waited a half an hour, then Jorge Jiménez, Vidal Trueba and Captain Raúl Ruiz arrived with four more soldiers but they didn’t have the wounded man with them, and they said he would be arriving any minute and so we waited for a space of 40 to 50 minutes and the wounded man never arrived, and therefore we left to go get him at the scene of the crime 19 State’s communication of August 23, 2004. 20 State’s communication of June 19, 2009. 21 State’s communication of June 19, 2009. 22 Petitioners’ communication of October 6, 2008. State’s communication of June 19, 2009. 23 Complaint of Tomás Trueba, August 22, 1998. Annex 2 to initial petition. 24 Complaint of Tomás Trueba, August 22, 1998. Annex 2 to initial petition. 25 Based on publically available information, Doctor Royval testified that he was treating two women who were giving birth. See: Newspaper article: “Morir en la Sierra” published in the daily newspaper Chihuahua, on August 30, 1998. Annex 1 to the initial petition. 6