they told him that the Captain was all right, Mr. Valencia said to them that "they would never get him out of there, except dead, so, in order to stop him from shooting anymore, we fired at neutral places and into the air.”28 He added that when Policemen Valencia "fired the first shot, ... he immediately asked everyone who was playing ... to get down on the ground.”29 63. Policeman Hernán Cabezas Gallegos said that he took up a position "some 40 meters" from where Mr. Valencia was hiding and that he was alone "because the other policemen were in other positions surrounding the place where Policeman Valencia Hinojosa was holed up.” 30 He said that he fired "two or three shots at places that were neutral or a long way from where the aforesaid policeman was hidden, and also shots into the air" but could not "say exactly how many shots.” To the judge's question as to how could he explain how the shots were fired at neutral places when there were bullet holes in windows and masonry of the security guard's quarters, he replied, “As I say, I fired at neutral parts of the cement building at a prudent height, or into the air."31 64. According to Mr. Cabezas, he had fired those shots “so that the policeman was not shoot outwards and to encourage and to surrender after what he had been doing.” He explained that "the intention was for the policeman to throw out the weapon, given that he was intoxicated and, bearing in mind that he had been shooting at a police captain, [they] could not walk straight up and ask," and that it was “for selfdefense, given that the aforementioned policeman had just shot an officer and an NCO in the back and, furthermore, he was intoxicated and was shooting from within, despite calls to give himself up.” 65. For his part, the policeman Luis Piedra Meza said that while Mr. Cabezas was at the front, he moved round to the back of the security guard's quarters and "fired shots at neutral parts of those quarters, given that shots were being fired in answer to the fire that was coming from within, but that those shots were not [his].”32 He said that at that moment he “had [his] .38 service revolver," and "[the] shots were designed to intimidate the policeman, so that he would desist from the position he had adopted.” When questioned by the judge about the difference between "intimidating" and "deterring,” Mr. Piedra Meza answered, “it is inapplicable.” 66. Regarding the same events, Franklin Antonio García Espinosa said that Lieutenant Piedra went around to the back of the room while "Second Lieutenant Cabezas stayed where Lieutenant Piedra had dropped the coat, so they started shooting at the room, while at the same time one of the policemen told [Mr. Valencia] to come out with his hands up and that nothing would happen to him; the shooting went on for about five minutes.”33 For his part, Luis Alviciades Valdiviezo said that he saw "a policeman with a rifle shooting at the front while another did so from the back.”34 For his part, Mr. Quinaluisa […] Ángel Geovanny, who was at the scene, said that “they were firing into the air... because it would have been completely different if they had been shooting at the house or at the person there; there was a bullet hole in the wall.” 35 28 Appendix 6. Additional testimony of Hernán Cabezas Gallegos. December 20, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 29 Appendix 6. Additional testimony of Hernán Cabezas Gallegos. December 20, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 30 Appendix 6. Testimonies of Hernán Cabezas Gallegos. March 9, 1993, and December 20, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 31 Appendix 6. Additional testimony of Hernán Cabezas Gallegos. December 20, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 32 Appendix 7. Testimony of Luis Piedra Meza. August 11, 1993, Additional Testimony of Luis Piedra Meza, December 20, 1996. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 33 Appendix 8 Testimony of Franklyn Antonio García Espinosa. December 16, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 34Appendix 9. Testimony of Luis Alcides Valdiviezo. December 16, 1993. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011. 35 Appendix 13. Testimony of Quinaluisa […] Angel Geovanny. April 26, 1994. Appendix to the State’s communication of February 7, 2011, received at the IACHR on February 14, 2011.