54.
Regarding the ballistics trajectory expert analysis, the record shows that it was submitted on
the February 4 of that year and it concluded that “no impact or orifice (on a fixed object) caused by crash or
grazing of a projectile shot by a firearm were located at the scene of the crime.” As for the “evidence of a
forensic medical nature,” the expert’s report refers to the reports of the autopsy performed on Octavio Díaz57
and David Díaz Loreto,58 and in this regard, it is noted that the Octavio Díaz presented “wound by single
firearm projectile…in the right pectoral region 3rd right intercostal space with mid clavicular line, with exit
orifice in left 7 intercostal […] INTRAORGANIC TRAJECTORY: From top to bottom. From right to left. From
front to back.” Regarding the other autopsy, David Octavio presented three firearm projectile wounds,
located in: “A. Entry orifice in the precordial region left 4th intercostal space with mid parasternal line
(sic)…with exit orifice in left 5th intercostal space para-scapular …B. Entry orifice in the precordial region left
5th intercostal space with parasternal line (sic)…exit orifice in left 7th intercostal space with posterior axillary
line…C. Entry orifice right 4th intercostal space with anterior axillary line…with exit orifice in right posterior
thorax right 6th intercostal space…” Regarding the intraorganic trajectory, it indicates: “A. From top to bottom,
from right to left, from front to back. B. From top to bottom, from right to left, from front to back. C. From top
to bottom, from front to back, from left to right.”59
55.
As regards Octavio Díaz, the expert’s report notes that “at the time of receiving the single
projectile impact shot from a firearm, which cause the wound described in autopsy report No. 40 dated 0701-2003 [January 7, 2003], it is located on the same plane as the shooter with his front facing in the direction
of the shooter. 2. At the time of firing the shot with the firearm originating the wound described in autopsy
report No. 40, the victimizer [incomplete].” The expert’s report concludes that the shots which impacted both
[of the victims’] bodies were fired at a distance.”60
56.
In the case file, there is a reference to an expert report on the ballistic trajectory, which
taking into account the autopsy report performed on Robert Ignacio Díaz Loreto,61 establishes that he
presented “three projectile wounds…located on A. Left shoulder posterior face…with exit orifice on the right
side right 6th intercostal space with anterior mid axillary line…B. Entry orifice in epigastric region…exit orifice
in right lumbar region…C. Entry orifice in the left lumbar region with posterior axillary line…no exit orifice.”
Said expert’s report establishes that the shots that impacted him “were fired at a distance.” As for the
intraorganic trajectory, it is noted that the wound identified with the letter A, was “from back to front, from
left to right and from top to bottom,” regarding wound B, “front to back, left to right and top to bottom,” and
with respect to wound C, “slightly from front to back. It is noted that at the time of “receiving the single
projectile impact shot from a firearm, […] he is located on the same plane with respect to the shooter and with
his back facing eastward” and “the victimizer at the time of shooting the firearm […] is located diagonally
(toward the left side of the victim) and with the barrel nozzle of the firearm aiming downward and in the
direction of the target […].”62
57.
On January 14, 2003, it was requested to conduct a legal recognition and ballistic
comparison test of four projectiles.63
57
Autopsy Report No. 40-03 dated 07-01-2003 [January 7].
58
Autopsy Report No. 39-03 dated 07-02-2003 [February 7].
59 Annex 35. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Forensic Crime Laboratory– Aragua
Region. Official Letter No. 9700-064-LC-239.2003, of February 4, 2003. Annex to initial petition of March 14, 2007.
60 Annex 35. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Forensic Crime Laboratory– Aragua
Region. Official Letter No. 9700-064-LC-239.2003, of February 4, 2003. Annex to initial petition of March 14, 2007.
61
Autopsy Report No. 38-03 dated January 7, 2003.
Annex 36. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Forensic Crime Laboratory– Aragua
Region. Official Letter No. 9700-064-LC-700.2003, of February 23, 2003. Annex to initial petition of March 14, 2007.
62
63 The expert report was submitted on February 22 that same year identifying two weapons, each one of which had fired each
pair of projectiles. See: Annex 37. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Forensic Crime
Laboratory– Aragua Region. Official Letter No. 9700-064-LC-0519.03, of February 22, 2003. Annex to initial petition of March 14, 2007.
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