[…] I suggested to the citizen [who had reported the robbery of money] to get into unit RP358, driven by second corporal DICAMILO LUIS, with assistant inspector JESUS FRANCO
present as support [in passenger’s seat], as well as the abovementioned offended party and
myself, we drove to sector 01 in La Segundera of Cagua, the location where the incidents had
occurred, when we arrived in the above-referenced location the offended party pointed out
three subjects who were gathered on the street in front of vereda (district) No. 44, and
consequently we proceeded to stop the unit and shout loudly ‘Stop Police’ to the subjects
pointed out by the offended party, with these subjects opting to pull out and show their fire
arms and firing them on the police detail who arrived on the scene as well as on the
motorized brigade that was engaged in the operation with us, finding ourselves with the
compelling need to repel said action which originated with the exchange of gunfire, where
two of the subjects managed to flee along adjacent districts and one of them fell down
seriously wounded on the pavement, who at the time was wearing a white T-shirt, blue
jeans, whose predominant characteristic was that his body was all covered with mud, that
was when we immediately proceeded to provide aid to the wounded subject, transferring
him in unit Rp-358, to the closest health care facility in this case the Seguro Social de Corinsa
Cagua, in the company of the offended party himself, who witnessed the events which
occurred not without asking for the identification of a citizen taxi driver who was at the
scene of the incidents, who claimed to be called TEODORO ARELLANO […].30
41.
According to this version, the operation continued, “in order to try to capture the other two
subjects who confronted the police detail and fled.” Officer Saúl Ricardo Ramos Mora testified that, after
learning over the radio transmitter, that the other two men had boarded “a small apple green color vehicle
and were trying to exit the locality,” the police detail combed the area and managed to “spot a green Fiat Palio
vehicle that was riding down the main thoroughfare [of] La Segundera Downtown Cagua at high speed […].”
In his account, the officer described that the automobile “ignored” the “command to stop” and therefore “a
chase” was ensued, during which “one of the subjects was shooting through the window at the detail,” until
the officers managed to “shoot the right rear tire [of the vehicle…].” Hereunder the officer describes that:
[…] when they noticed that action unit 116 which was coming from Downtown Cagua to
block the roadway was going to intercept him, is when the driver of the aforementioned
vehicle got out of it and got down on the ground when he noticed the police details, but
simultaneously, on the right side of (sic) a white-skinned, thin subject with a mustache gets
out and on the left side where the driver had previously gotten out was another subject,
Caucasian approximately 50 years of age, these men were carrying firearms and firing them
repeatedly on action unit 116, which was driven by the Distinguished Private JOSE
MALDONADO and commanded by Second Corporal ERICK TORREALBA, successfully hitting
the unit of said detail, giving rise again to an exchange of gunfire out of the compelling need
to defend our lives from imminent danger caused by these unknown subjects, with the two
subjects who got out of the vehicle carrying firearms being gravely wounded, they were
30 Annex 10. Bolivarian Republic of Venezuela. Ministry of the Interior and Justice. CICPC. Aragua Region, Cagua Sectional
Office. Police record interview of Saúl Ricardo Ramos Mora, of March 14, 2003, page 207. Annex to initial petition of March 14, 2007. In
the case file before the IACHR there appears a statement from this person to the CICPC in which he says that “[…] when I was arriving [in
La Segundera neighborhood, sector 01, Cagua he saw three persons in the parking lot [and then he went back the same way] it was when
he saw a Uniformed Police Unit of the State of Aragua, […] in said unit there were three officers and a person wearing civilian clothes, at
that time the persons who were in the parking lot fired several shots and the offiers also fired, then he squatted down to observe again he
saw that the officers were putting a person into the unit and it was one of the persons who […] he had seen earlier in the company of the
other two, covered in mud and wounded.” In his statement he also responded that “[…] THIRD: Tell us, you managed to observe the
exchange of gunfire? REPLY: Yes and also I heard several shots and then the officers were coming to the aid of a person […] SEVENTH:
Tell us, did you manage to see the person wounded carrying any firearm? REPLY: When I went by I first saw them I did not see them, but
when he was confronting the police I did see he was armed […] NINETH: Tell us, did you manage to observe other persons shooting at the
police detail? REPLY: Yes the three of them fired, but I don’t know where they caught the other two persons.” Annex 12. Bolivarian
Republic of Venezuela. Ministry of the Interior and Justice. Scientific and Forensic Crime Investigation Unit (CICPC). Aragua Region,
Cagua Sectional Office. Statement of Teodoro Arellano Vivas, of February 27, 2003. Annex to initial petition of March 14, 2007.
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