I hereby reject the charge made by Segundo Mariño Gamboa as having no basis in the reality of the facts, given that I never fired the weapon that he claims I discharged; furthermore, I do not know who fired the shot that killed Samuel Evaristo Mariño Gamboa; however, I do wish to state that the only person who was carrying a small rifle that day was Juan N., also known as “Loco Juan” (Crazy John); nevertheless, I did not see if it was he who shot at Samuel Mariño because he was at the other end from where the deceased Mariño Gamboa was positioned.15 19. The State said that on February 23, 1995, the 11th Lower Criminal Court of Guayas ordered that Mr. Carranza be taken from the court to Guayaquil Prison (Centro de Rehabilitación Social de Varones de Guayaquil), in order to receive his testimony in response to questioning.16 Mr. Carranza gave his testimony in response to questioning on August 25, 1995, and stated the following: I do not know ... the deceased. That day, August 15, 1993, I was in Durán Canton ..., and I have committed no crime.17 20. On September 11, 1995, Mr. Carranza presented a brief to the 11th Lower Criminal Court of Guayas, in which he stated the following: I have been confined in the prison for 10 months, blamed for an act that I never committed ... I have always devoted myself to farm work ... I have been confused with someone else because of a mistake and I am being blamed for a crime that I never committed. I ask the court ... to release me so that I can help my family and carry on being of use to society.18 21. The IACHR notes that the petitioner stated that no response was ever made to that request. The state presented no evidence to the contrary. 22. On September 30, 1996, the 11th Lower Criminal Court of Guayas closed the preliminary inquiry and ordered the record of the proceeding to be transferred to the Seventh Prosecutor for Traffic Matters for indictment.19 23. On March 4, 1997, the Seventh Prosecutor for Traffic Matters of Guayas issued his indictment in which he stated the following: Based on a careful and in-depth study of each part of the proceedings, I find that there are sufficient grounds to consider that Ramón Carranza Alarcón participated directly in the case under investigation, inasmuch as there is nothing in the record to show that the suspect has disproved the charges against him or that he has managed to show where and with whom he was on the day of the criminal acts ...; therefore, the behavior of the suspect Ramón Rosendo Carranza Alarcón is consistent with the unlawful and culpable conduct of perpetrator of the offense classified in Article 449 of the Criminal Code. I refrain from accusing Alfredo Vargas Recalde because there are insufficient grounds to do so.20 15 Brief submitted by Mr. Ramón Rosendo Carranza Alarcón to the 11th Lower Criminal Court of Guayas, December 6, 1994. Enclosed with the State's communication of July 15, 2016. 16 State’s communication of July 15, 2016. Testimony of Mr. Ramón Rosendo Carranza in response to questioning at the 11th Lower Criminal Court of Guayas, August 25, 1995. Enclosed with the State's communication of July 15, 2016. 17 18 Brief to the 11th Lower Criminal Court of Guayas, September 11, 2005. Enclosed with the initial petition. Closure of the preliminary inquiry at the 11th Lower Criminal Court of Guayas. September 30, 1996, Enclosed with the State's communication of July 15, 2016. 19 20 Office of the Attorney General, Indictment, March 4, 1997. Enclosed with the State's communication of July 15, 2016. 4