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Procedural Hearing Overview
Introduction to the Hearing
- The recording of the audience resumes after a recess, indicating that the judge has decided on the situation presented. This decision will be documented through video recording as per Article 16 of the Mexican Constitution.
Incident Description
- The Public Ministry references an incident that occurred on February 6, 2026, at approximately 22:50 involving victim Ángela de Yanira Moncada Camacho, who was riding a blue bicycle in Tultepec, State of Mexico.
- The accused, Ángel Fernando Rodríguez Figueroa, approached her on a green bicycle and forcibly took her belongings including a replica gun and cash. The victim called for help during this encounter.
Pursuit and Arrest
- After being robbed, the victim pursued the suspect while seeking assistance from local police officers present nearby. They managed to apprehend him shortly thereafter with evidence matching what was reported by the victim.
- The defense raised concerns regarding discrepancies in timing between when the arrest occurred (23:00) and when he was presented to authorities (23:30). However, it was clarified that this difference did not violate any fundamental rights.
Legal Justifications
- The judge confirmed that there were no violations of rights based on reasonable timeframes for detention and transfer given the circumstances surrounding Tultepec's location relative to where he was taken into custody.
- It was noted that legal provisions under Article 146 specify conditions under which an individual can be detained if they are caught committing a crime or identified by witnesses with incriminating evidence found in their possession.
Conclusion of Proceedings
- Evidence collected during arrest included items directly linked to the crime as described by the victim; thus validating claims of flagrant offense as outlined by legal standards.
- Consequently, based on constitutional articles and penal codes cited, Ángel Fernando Rodríguez Figueroa's detention is deemed lawful due to his probable involvement in aggravated robbery against Ángela de Yanira Moncada Camacho. Detention officially recorded at 11:23 PM on February 10, 2023 (corrected date).
Next Steps
- As it stands within legal parameters set forth by law enforcement timelines for detainment and presentation before judicial authority were adhered to; notification will be sent to correctional facility management regarding these proceedings.
- Following this resolution, prosecution will proceed with formal charges against Ángel Fernando Rodríguez Figueroa while ensuring he comprehends all allegations made against him during this process.
Investigation of Ángel Fernando Rodríguez Figueroa
Overview of the Case
- The prosecution informs Ángel Fernando Rodríguez Figueroa about an ongoing investigation regarding his alleged involvement in a robbery with physical and moral violence.
- The incident occurred on February 6, 2026, at approximately 22:50, involving the victim Ángela de Yanira Moncada Camacho who was riding her dark Trek Rodara 29 bicycle.
Details of the Incident
- The victim was searching for an open pharmacy due to a family emergency when she encountered Rodríguez, who was on a green bicycle and wearing a white sweatshirt and blue jeans.
- Upon overtaking the victim, Rodríguez allegedly pushed her off her bike, causing injuries to her knee as she fell.
Robbery Description
- After pushing the victim down, Rodríguez threatened her with what appeared to be a firearm while demanding money and valuables.
- He forcibly took a 500 peso bill from the victim's jacket pocket and attempted to seize her Motorola Moto G05 phone before she managed to grab it back.
Escape and Arrest
- Following the robbery attempt, Rodríguez fled on his bicycle but was pursued by the victim who flagged down police assistance.
- Police apprehended him shortly after; during a search, they found a replica firearm at his waist and cash taken from the victim.
Legal Implications
- The prosecution asserts that this act constitutes robbery with aggravating factors due to its violent nature as defined under various articles of the Penal Code.
- The case is formally presented against Rodríguez based on evidence including witness testimony from both the victim and law enforcement officers involved in his arrest.
Interception and Legal Proceedings
Discussion on Interception
- The victim was intercepted while traveling from Tultitlán to Tultepec, indicating a reversal of direction during the incident.
- The individual who intercepted the victim closed off their path, suggesting an aggressive maneuver that involved law enforcement personnel.
- There is confusion regarding whether the parties were heading towards Tultepec or Tultitlán, highlighting potential miscommunication in testimonies.
Legal Implications
- The formal charges against the accused are based on articles 309 and 311 of relevant legal statutes, marking a significant step in judicial proceedings.
- The accused has the right to either declare or remain silent; this choice is crucial as it does not adversely affect their situation if they choose silence.