Breathe
By Yohali Reséndiz
Last Thursday, August 1, a man was approached by two men at the entrance of his office located in Circuito Novelistas, Satelite in Naucalpan, State of Mexico.
The men introduced themselves:
"We are members of the Jalisco Cartel - New Generation, we want 10 million pesos in exchange for not picking you up and making you and your father into little pieces".
The first reaction of the threatened man was paralyzing fear, uncertainty, and from that moment on, those who approached him took his life and turned him into a hostage of several calls without being able to do anything else but listen to requests and indications.
"We want you to give us a vehicle under warranty so nothing happens to them."
By mutual agreement, father and son decided to give them a truck and on Monday, August 5 at noon, the men who claimed to represent organized crime arrived at the work center and before taking the truck, they made another request, but this time to the father:
"We need at least 500,000 pesos we expect you to deliver it because otherwise we will kill your child" Then they turned on the Infiniti van model Qx70 but not before warning: On Friday, August 9 we want the money.
That week of hell, the cell phone kept ringing, threats on the other end of the line were a constant:
"If you don't pay we will hurt your family and yourself and even your workers."
On Friday, August 9, the victims tried to postpone the time of delivery of the money as long as they could because they were unable to collect it, and at three o'clock in the afternoon, the men from the Jalisco Cartel - New Generation showed up at the office to collect the amount demanded.
Terror had seized the father and son. They did not have the amount. And they were no longer free.
To whom do they turn to in order to be saved without risk? they asked.
The son was in a panic because he was sure that those men would come and enter and upon realizing that they had not collected the money in full, they would shoot them.
Even so, he took strength and faced the situation, he went out the door and yes, there were those men again, only this time they shouted at him and then threatened him with a firearm, not knowing that a witness would call 911 and in those seconds in which the world was stopped in what he was living, the unexpected happened and the state police arrived and there began another hell.
Seconds later, a shower of gunfire erupted.
The young man and his father, ducked and scrambled to safety and then heard only squealing tires that became a kind of echo with silence (if such a thing exists).
The chase continued to the well-known "blue zone".
and after several minutes five members of this criminal cell were arrested.
The arrest was legal and after providing all the evidence, they were brought to trial and when the nightmare was about to end, the face of impunity appeared .
The common law judge based in the State of Mexico, Flor Dávila Pastrana , released the five of them on probation (bracelet) because she did not believe that the pre-trial detention was justified.
For Judge Dávila Pastrana, it was not enough that they presented themselves as part of the Jalisco Cartel - New Generation and extorted money from a couple of hard-working and honest Mexicans.
It was not enough that one of them was shot in attempted murder.
It was not enough that a vehicle was stolen or that the police officers were shot to death.
For Judge Flor Dávila Pasteana, all this was not enough and she decided to grant them probation.
"If the judge has also been afraid to change the precautionary measure or her hand trembles to leave them in jail, we want to ask the President of the Judicial Power of the State of Mexico to remove her from our case and change it for someone who has enough courage and social responsibility not only to prevent the crime but also to punish it. As Mexicans we demand that they change the precautionary measure so that the members of this criminal cell stay in jail and are not in our streets, nor in our lives again" says one of them with the firmness and courage required to denounce it.
The President of the Judiciary of the State of Mexico was informed that the father and son continued to receive calls that they could prove came from the detention center where they were again the center of threats:
"We've got the judge, bitch, let's go outside and we're going to kick you and your family in the ass."
The above written in this column has also been brought to the control judge's attention.
On August 13, the initial hearing was held where the detention control was reviewed and was again determined to be legal. Then the precautionary measures granted by Judge Flor Davila Pastrana (probation with electronic bracelet and periodic signatures) were discussed.
The calls from inside the prison continued, "We are going out and we are going to get you" and at the same time the hearing was taking place and the debate on the precautionary measure was opened, but Judge Flor Dávila Pastrana continued to support the defendants by saying in a hearing that there was no certainty that the 5 defendants were the ones who made the call.
The members of the CNGJ were linked to the process and the threats were more direct, the father and son received writings at their home and at any time of the day shots were fired at the door, a situation that was accredited by the investigative police and criminologists in the case.
This allowed the opening of a review of the precautionary measure because the circumstances had changed, however, the defense of the accused made it clear: "We have an injunction against the precautionary measure of the electronic bracelet, against that of the binding to process, against an alleged torture and the denial of medical care therefore this control court, - the lawyer argued - is no longer competent to know the legal situation of my represented" reiterated the same defense lawyer of the accused and showed the acknowledgment of receipt of the injunction and asserted under oath that the son had a suspension granted on the grievances.
Once again, Judge Flor Dávila Pastrana, in spite of having at that time the tools to review by electronic means the current situation of said amparo and to verify if there was indeed an admission agreement and a suspension agreement and in what sense, did NOT review absolutely nothing and believed the defense attorney without showing any evidence other than an acknowledgement of receipt of the amparo and Dávila Pastrana ended the hearing without assessing the bullets in the home or the letter saying:
"I'm going to kill you."
On that black day for the victims, their defense filed a brief to prove their status as interested third parties in the amparo and thus, they discovered that the 13th Court of the Second Circuit had admitted the amparo partially and not totally, that is to say, it only admitted the amparo and granted a suspension with respect to the torture and medical attention, but did not admit it and did not submit it for study with respect to the binding of the victims to the court, In other words, they only admitted the amparo and granted a suspension with respect to the torture and medical attention, but they did not admit the amparo and did not submit it for study with respect to the binding to process and the precautionary measure, therefore, it was not possible to participate in the amparo that was not even admitted.
Yet Flor Dávila Pastrana violated the right to protect the lives of two people, the father and son victims of extortion through justice and access to justice.
Determined not to tolerate one more injustice, they went to the doors of the judiciary of the State of Mexico where they were received correctly and impeccably and thanks to tell and demonstrate first hand, there was a change of judge who assessed according to law the evidence previously presented and determined that they were more than enough to grant the justified preventive detention because through the proportionality test it was assessed that the freedom of the accused is not above the life of the victims.
How many other criminals has Judge Flor Dávila Pastrana released on probation?
How many more do you keep on the streets while the cornered victims lose everything ... even their sanity?
The opinions expressed are the responsibility of the authors and are absolutely independent of the position and editorial line of the company. Opinion 51.
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