When it came time for the turn of student JOHAN ALEXIS ORTIZ HERNÁNDEZ; as he went through obstacle number 5, […] after taking the proper position […]National Guard instructor MALPICA CALZADILLA GEANCARLOS RAFAEL, proceeded to fire the gas powered machine gun (AFAG 7.62), aiming the shots inside the ramp, just ahead of [Johan Alexis], with one of the projectiles hitting an object of equal or greater molecular cohesion, which gave rise to fragmentation of the bullet, and said fragments were what, in short, hit [his] body […].197. […] we can determine without difficulty that defendant JEAN CARLOS MALPICA CALZADILLA, preferred to continue with the obviously hazardous action, which was to shoot inside the obstacle where the students were going through, and did not stop to take any safety measures to avoid that any student would be fatally shot, as indeed had happened when the victim Johan Alexis Ortiz was hit.198 […] Based on the evidence in the record, defendant JEAN CARLOS MALPICA CALZADILLA, improperly used official means meant to safeguard the security of the members of the community, (regulation weapons) which he took advantage of to arbitrarily violate, without any reason the constitutional guarantee of respect for life […].199 130. According to Prosecutors of the Ministry, Johan Alexis Ortizwas already wounded when he got up and fell back down to the ground; officer Malpica came to his aid, as did a military nurse and he was taken to the Hospital. The indictment referred to the autopsy report written by the doctors of the Forensic Medical Office of San Cristóbal of the former CTPJ and the statement of pathologist Bracho, among others ones, as compelling evidence to establish accurately “the cause of death.”200 Additionally, inspections conducted by the CTPJ in 1998 and 2004 of the combat training obstacle course of Outpost No. 19 of the National Guard, the exhumation and luminol test of 1998 and the ballistic trajectory test conducted in 1998 and 2004, among other ones, were taken into account. 131. The Ministry of Public Prosecution also requested the court to order the defendant to be held in preventive detention.201 The preliminary hearing was set for April 3 and postponed until April 30 of that year because the defendant failed to appear.202 Based on the information in the case file, the case was transferred on May 22, 2013, to be heard by the Acting State Criminal Trial Court of Control of San Cristóbal, as a result of a recusal brought by the Fifth Court of Control.203 On May 23, 2013, a hearing date was set for June 20.204 132. In the case file there are records of postponements of June 20, 2013,205 July 18, 2013206 and August 19, 2013, with this last notice also including respective orders to hold the defendant Jean Carlos 197Annex 14. Prosecution’s indictment of February 27, 2013, Annex to petitioners’ submission of April 21, 2013. 198Annex 14. Prosecution’s indictment of February 27, 2013, page 107. Annex to petitioners’ submission of April 21, 2013. 199Annex 14. Prosecution’s indictment of February 27, 2013, page 115. Annex to petitioners’ submission of April 21, 2013. 200Annex 14. Prosecution’s indictment of February 27, 2013, page 67. Annex to petitioners’ submission of April 21, 2013. 201Annex 14. Prosecution’s indictment of February 27, 2013, page 146. Annex to petitioners’ submission of April 21, 2013. 202Annex 124. Notice of postponement of April 3, 2013. Case SP21-P-2010-004926. Acting State Criminal Trial Court of Control of San Cristóbal. Annex to petitioners’ submission of April 21, 2013. 203As is noted in Annex 125. Notice of Postponement of Hearing with request for execution of arrest warrant of August 19, 2013. Case SP21-P-2010-004926. Acting First State Criminal Trial Court of Control of San Cristóbal. Annex to petitioner’s submission of September 20, 2013. 204Annex 126. Certificate of notification of May 23, 2012. Case SP21-P-2010-004926. Acting State Criminal Trial Court of Control of San Cristóbal. Annex to petitioners’ submission of June 12, 2012. 205Annex 127. Certificate of notification of June 20, 2013. Case SP21-P-2010-004926. Acting State Criminal Trial Court of Control of San Cristóbal. Annex to petitioners’ submission of June 26, 2013.