18
manslaughter and improper use of a firearm. That prosecutor’s office disagreed with the assessment of
81
the Third Superior Court owing to the reliance on apparently contradictory statements, which, therefore,
82
lacked “credibility.” Reference was also made to information obtained from the planimetric study and the
autopsy, indicating the impact of a bullet from long range, according to the prosecutor's office, based on
83
the contusion ring identified.
87.
On May 26, 1998, the Sixth Criminal Court of First Instance granted the accused
84
provisional release on bail in response to a motion of the defense. On July 21, 1998, the same court
issued a decision to better the course of proceedings (auto para mejor proveer), in which it instructed the
85
CTPJ to conduct a number of procedures.
88.
On October 13, 2000, the Second Court of the Transitory Procedural Regime returned a
judgment at first instance. On one hand, it absolved officer Andrés José Castillo García, declaring it
accredited that there had been a confrontation in the course of his intelligence work, and also that the
cause of the young man's death was not the gunshot that resulted from that confrontation with the
86
police. Specifically, this court found that there were grounds for exclusion of responsibility as it
considered that the aforesaid officer acted “in the performance of a duty, or in the legitimate exercise of a
right, authority, office, or post, without exceeding the bounds of the law.” On the other hand, it convicted
officer Gerardo Castillo Freites of the crime of intentional homicide as a result of the second gunshot
wound following the exchange of fire. The judgment states that this gunshot was unnecessary and was
87
precisely what caused Igmar Alexander Landaeta Mejías’ death. Finally, it ruled that the statute of
88
limitations on criminal action for the crime of improper use of a firearm had run.
89.
On April 25, 2002, the Court of Appeals of Aragua State Criminal Circuit ruled on the
appeal filed by Gerardo Castillo Freites’s defense. This Court of Appeals upheld the conviction of Gerardo
Castillo Freites, but differed from the legal assessment made by the office of the prosecutor, stating that
the applicable offense was intentional homicide as the officer’s intent to cause the victim's death was
accredited. This judgment refers to “the disproportion between the harm caused by the perpetrator and
89
his intention to carry out the punishable act.” The Court of Appeals rejected the declarations that
supported the argument that there had been an exchange of fire, finding that their evaluations were
90
“subjective and the [veracity of their versions was] not convincing.”
81
This court had adjudged the deed to be intentional homicide. Appendix 20. Decision of the Office of the Sixth
Prosecutor in and for Aragua State Judicial District, May 21, 1998 (Appendix 34 to the petitioners' brief of August 14, 2009), p. 18.
82
Appendix 20. Decision of the Office of the Sixth Prosecutor in and for Aragua State Judicial District, May 21, 1998
(Appendix 34 to the petitioners' brief of August 14, 2009), p. 17.
83
Appendix 20. Decision of the Office of the Sixth Prosecutor in and for Aragua State Judicial District, May 21, 1998
(Appendix 34 to the petitioners' brief of August 14, 2009), p. 17.
84
Appendix 37. Decision of the Sixth Criminal Court of First Instance, May 26, 1998 (Appendix 35 to the petitioners' brief
of August 14, 2009); Appendix 38. Release orders Nos. 163 and 164, May 26, 1998, Sixth Criminal Court of First Instance
(Appendix 36 to the petitioners' brief of August 14, 2009).
85
Appendix 39. Judgment of the Second Court of the Transitory Procedural Regime, October 13, 2000 (Appendix 37 to
the petitioners' brief of August 14, 2009),
86
Appendix 39. Judgment of the Second Court of the Transitory Procedural Regime, October 13, 2000 (Appendix 37 to
the petitioners' brief of August 14, 2009), p. 15.
87
Appendix 39. Judgment of the Second Court of the Transitory Procedural Regime, October 13, 2000 (Appendix 37 to
the petitioners' brief of August 14, 2009), p. 20.
88
Appendix 39. Judgment of the Second Court of the Transitory Procedural Regime, October 13, 2000 (Appendix 37 to
the petitioners' brief of August 14, 2009), p. 23
89
Appendix 40. Decision of the Court of Appeals of Aragua State Criminal Circuit, November 10, 2003 (Appendix 40 to
the petitioners' brief of August 14, 2009).
90
Appendix 40. Decision of the Court of Appeals of Aragua State Criminal Circuit, November 10, 2003 (Appendix 40 to
the petitioners' brief of August 14, 2009).