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Proceedings of the Legal Case

Initial Proceedings and Decision to Remain Silent

• The session resumes after a break, and the judge asks Ángel Fernando Rodríguez Figueroa if he wishes to testify or remain silent. He chooses to remain silent, which is respected by the court.

• The judge reassures that this decision will not negatively impact him. The prosecution then requests permission to present arguments for linking the case to trial.

Prosecution's Argument for Trial Linkage

• The prosecutor cites Article 316 of the National Code of Criminal Procedure, requesting a trial linkage against Ángel Fernando Rodríguez Figueroa for robbery with aggravating circumstances involving physical and moral violence against Ángela de Yanira Moncada Camacho.

• Specific articles from the Penal Code are referenced, indicating serious legal implications for the accused based on his alleged actions during the crime.

Reproduction of Facts

• The defense does not object to reproducing previously mentioned facts about the case, confirming no issues with repeating details regarding the incident in question. Both victim and defense agree there are no objections.

Evidence Presentation: Witness Accounts

• Testimonies from police officers José Manuel Molinero Rodríguez and Juan Fernando Carraro Martínez detail their encounter with a female victim who identified her assailant shortly after being robbed at gunpoint on February 6, 2026. They describe her clothing and bicycle color as key identifiers.

• Following identification by the victim, police pursued a suspect matching her description on Avenida Doctores in Tultepec, leading to an arrest approximately 20 meters away from where she was attacked.

Arrest Details and Evidence Collection

• Upon apprehending the suspect, officers found a replica firearm tucked in his waistband along with cash identified by the victim as stolen during the robbery; this evidence was documented immediately following his arrest at 11 PM on February 6th.

• Additional items collected included a black replica firearm marked "made in China," a 500 peso bill recognized by the victim as hers, and a green bicycle linked to the suspect; these were cataloged as evidence for further proceedings.

Police Report Documentation

• A homologated police report signed by Officer José Manuel Molinero Rodríguez outlines how they secured evidence at various locations related to both crime scene inspections and subsequent arrests made during their investigation efforts in Tultepec.

• Inspections confirmed conditions of Avenida de los Doctores including its width, pavement quality, public lighting features, and nearby residential structures relevant to understanding context surrounding criminal activity in that area.

Incident Report of Robbery

Overview of the Incident

• The investigation focuses on a robbery involving a victim, identified as Ángela de Yanira Moncado Camacho, who was attacked while riding her bicycle on February 6, 2026.

• The victim describes the assailant as a male wearing a white sweatshirt and blue jeans, who approached her while she was cycling in Tultepec, Estado de México.

Details of the Attack

• At approximately 10:50 PM, the victim was searching for an open pharmacy when she was confronted by the assailant on a green bicycle.

• The attacker forced her to stop and physically assaulted her, causing her to fall off her bike and sustain injuries.

Threat and Theft

• The assailant brandished a black pistol and threatened the victim with phrases like "Ya valió madres" (You're done), demanding money and valuables.

• He stole 500 pesos from her pocket along with her blue Motorola cellphone before fleeing on his bicycle.

Victim's Response

• After the attack, the victim pursued the assailant until she encountered police officers from the Secretaría de Seguridad Estatal who assisted in apprehending him shortly after.

Medical Examination

• A medical certificate dated February 7, 2026, confirmed that the victim sustained non-life-threatening injuries including irregular abrasions on her right knee.

Evidence Collection

Police Investigation Findings

• An investigative report by Officer Ricardo Fabián Santiago González documented details at the crime scene in Avenida de los Doctores.

• Evidence included photographs of both bicycles involved—one belonging to the victim (blue Trek model) and one used by the suspect (green).

Witness Testimony

• Carla Paola Moncada Camacho testified regarding ownership of the stolen bicycle valued at approximately 20,000 pesos. She confirmed that Ángela had sufficient funds to carry cash during this incident.

Forensic Analysis

Medical Report for Suspect

• A medical examination for Ángel Fernando Rodríguez Figueroa indicated he also had minor injuries that were not life-threatening.

Ballistic Examination

• Forensic analysis conducted by expert Fabiola Domínguez Martínez revealed that a replica firearm used in this incident resembled real firearms but was designed for recreational use only.

This structured summary provides an organized overview of key events surrounding a robbery incident based on witness accounts and evidence collected during investigations.

Case Overview and Evidence Presentation

Risk Assessment and Initial Findings

• The report from the Institute of Cautious Measures indicates a medium risk for the investigated individual, Ángel Fernando Rodríguez Figueroa. This assessment is based on evidence available in the investigation folder, suggesting a criminal act has occurred.

Details of the Alleged Crime

• The accused allegedly committed theft by taking 500 pesos belonging to the victim using a firearm, which constitutes an immediate act of violence. This claim is central to the prosecution's case against him.

Victim Testimony

• Victim Ángela de Yanira Moncadá Camacho provides direct and firm testimony regarding her experience during the crime, reinforcing claims of wrongdoing by the accused. Her account is crucial as it reflects her sensory perception of the event.

Supporting Evidence

• Additional corroboration comes from interviews with police officers from Mexico State Security who attended to the victim at the scene. Although they did not witness the theft directly, their reports support the victim's claims about what transpired.

Physical Evidence and Legal Implications

• Investigations revealed that upon arrest, Rodríguez was found in possession of both cash and a weapon linked to the crime, further substantiating allegations against him. The prosecution argues that this evidence supports charges under Article 11 of local penal law concerning material authorship of crimes.

Legal Proceedings and Defense Strategy

Charges and Legal Framework

• The prosecution seeks formal charges against Rodríguez based on substantial evidence indicating his culpability in committing theft with intent (Article 8). They argue he possesses legal capacity due to his mental state being normal at arrest time.

Judicial Process Options

• The judge informs Rodríguez about his rights regarding how quickly his legal situation can be resolved—either immediately or within specified time frames (72 or 144 hours). He opts for a longer duration for resolution (144 hours).

Defense Requests for Evidence Examination

• The defense requests judicial assistance for forensic analysis on fingerprints related to weapons involved in the incident, emphasizing its importance given accusations against their client regarding weapon use during theft events.

Critique of Investigation Procedures

• Concerns are raised about potential flaws in police investigations led by Officer Ricardo Fabián Santiago González, particularly regarding surveillance footage from nearby properties that could provide critical insights into events surrounding the alleged crime scene.

Request for Video Surveillance Footage

Urgent Request for Evidence

• The speaker emphasizes the need to request video surveillance footage from 21:00 to 23:59 hours, highlighting the urgency due to limited time available. This request should be formalized through an official communication to the owners of the cameras.

• It is noted that a judge is ordering this collection of videos, which aims to reassure those involved about the legitimacy of the request. The importance of judicial authority in obtaining evidence is stressed.

Inquiry into Patrol Vehicle Data

• A specific patrol vehicle (ME 837A5) is mentioned, with a request for information on whether it has a geolocator and its associated telecommunications provider. This data is crucial for understanding how long the patrol was present at the incident location.

• Witnesses report an accident involving two bicycles around 22:00 hours, necessitating video evidence to corroborate their accounts and confirm police presence at that time. The urgency of acquiring this footage is reiterated.

Request for Officer Information

• There’s a call for records from the State Public Security Secretary regarding which officers were on duty in Tultitlán on February 6, 2026, particularly focusing on an officer named Martina who appears in video footage related to a motorcycle incident. This information could help identify another individual involved named Miguel.

• An interview with Officer Martina is requested to clarify her involvement and gather more details about Miguel's identity as he plays a role in the ongoing investigation. The necessity of thorough witness interviews is highlighted here.

Legal Framework and Justification

• The speaker references Article 303 of the National Code of Criminal Procedure concerning real-time geographical localization but notes that they require preserved data instead due to timing issues surrounding their case's progression. They emphasize adherence to legal protocols when requesting such data from federal authorities rather than state ones.

• There’s mention of potential resistance from public ministry officials regarding these requests; however, it’s argued that all necessary investigative actions must be taken under constitutional provisions and relevant articles within criminal procedure law, ensuring comprehensive examination during proceedings.

Conclusion on Data Requests

• A detailed outline is provided regarding how requests should be structured legally through appropriate channels—specifically addressing both local and federal jurisdictions—to ensure compliance with procedural requirements while seeking essential telecommunication data linked to key individuals involved in the case under investigation.

Investigation Requests and Judicial Assistance

Request for Data Preservation

• The speaker emphasizes the need for preserved data from AT&T and two officials, as well as a specific phone number associated with an individual named Ángela de Yanira Moncada Camacho. This is crucial for their investigation.

Additional Phone Number Inquiry

• A request is made for information regarding another phone number linked to Telcel, highlighting the urgency of obtaining this data to support their case. The speaker notes that they lack authority to conduct such investigations independently.

C5 Camera Footage Request

• The Ministry Public has sent a request to C5 (a surveillance center) asking if there are cameras in the area where the incident occurred, but no response has been received yet. They plan to follow up on this request based on legal provisions.

Importance of Timely Information

• There’s a call for immediate action from C5, referencing Article 104 of the National Code of Criminal Procedure, which mandates timely reporting within 24 hours; failure to comply could lead to further actions by the defense team.

Defense Perspective on Incident Theory

• The defense argues that their understanding of events differs significantly from that presented by the prosecution, suggesting it was merely an accident involving verbal conflict rather than criminal behavior. They mention having witnesses who can corroborate this narrative.

Clarification on Evidence Submission

Role of Prosecution vs Defense

• The prosecutor expresses confusion over what evidence is being requested and clarifies that while they provide evidence supporting their case, it is not their role to gather exculpatory evidence for the defense's theory. This distinction is critical in legal proceedings.

Relevance of Preserved Data

• Concerns are raised about the relevance and appropriateness of requesting preserved data from victims or other parties involved without establishing clear pertinence or necessity in relation to ongoing investigations.

Legal Framework Reference

• The speaker references Article 303 and constitutional rights concerning investigative procedures, emphasizing that certain protocols must be followed when gathering evidence through judicial assistance requests.

Investigative Procedures and Responsibilities

Dactyloscopy and Evidence Collection

• Discussion around dactyloscopy indicates that while judges do not conduct investigations themselves, they play a role in facilitating judicial assistance necessary for collecting forensic evidence through appropriate channels like public prosecutors or police investigators.

Patrol Reports Request

• A formal request is made for reports from patrol units involved in the incident, including inquiries into whether patrol vehicles have tracking capabilities; this information could be vital in reconstructing events surrounding the case at hand.

This structured summary captures key discussions related to investigation requests and procedural clarifications within a legal context based on provided timestamps from the transcript.

Investigation Obligations of the Public Ministry

Constitutional and Legal Framework

• The constitutional article 21 outlines the obligations of the Public Ministry regarding criminal investigations, emphasizing that these are not optional duties.

• It specifies that the investigation of crimes is under the authority of the Public Ministry, which operates under a defined command structure during this function.

Responsibilities and Duties

• The National Code of Criminal Procedure details the responsibilities of the Public Ministry, including loyalty, objectivity, due diligence, and burden of proof.

• Key tasks include receiving complaints, leading investigations, coordinating with police and experts to clarify criminal facts rather than just focusing on charges or defenses.

Importance of Investigative Actions

• The obligation to conduct thorough investigations aims to ensure that offenders do not escape justice and that victims receive appropriate reparations for damages incurred.

• There is an emphasis on clarity in communication from both parties involved in legal proceedings regarding what information is being sought and its relevance.

Judicial Orders and Evidence Collection

Issuing Judicial Orders

• The court decides to issue orders for relevant evidence collection based on defense requests concerning video recordings related to a specific incident. This includes notifying property owners for compliance.

• Police departments are also instructed to provide reports within 48 hours regarding patrol activities linked to ongoing investigations.

Expert Involvement in Evidence Analysis

• A request is made for forensic analysis by an expert in ballistics to compare evidence collected with existing records within a specified timeframe (48 hours).

• Certain pieces of evidence are deemed inadmissible due to lack of established relevance or connection to the case at hand as per judicial standards outlined by federal law.

Defense Rights and Future Proceedings

Defense's Role in Evidence Submission

• The defense retains the right to introduce additional data or means as necessary while awaiting further hearings scheduled for February 14th, 2026. This date marks when further legal determinations will be made regarding the accused's situation.

Cautionary Measures Requested by Prosecution

• The prosecution seeks preventive detention for Ángel Fernández Rodríguez Figueroa based on statutory provisions aimed at ensuring public safety during ongoing investigations into serious allegations against him.

Legal Proceedings and Risk Assessment

Evaluation of Domiciliary Ties

• The lack of accredited domiciliary ties is supported by a report from the Institute of Cautionary Measures, indicating a medium risk due to potential flight risk identified during evaluation.

Verification Challenges

• Verification efforts reveal that the accused resides at a different address than the primary one indicated, complicating their location and presentation before authorities.

Victim's Safety Concerns

• According to Article 170 of the National Code of Criminal Procedure, there is an evident risk to the victim based on gender dynamics and circumstances surrounding the incident, increasing chances for intimidation or retaliation.

Incident Dynamics

• The aggressor physically attacked the victim immediately after blocking her path, causing minimal injuries but demonstrating clear gender-based violence. A request for justified preventive detention is made.

Victim's Testimony

• The victim expresses fear regarding threats made by the accused upon arrest and recounts being threatened with a weapon during the incident.

Arguments for Preventive Detention

Justification for Preventive Measures

• The prosecutor argues for justified preventive detention due to violent actions taken by the accused against a vulnerable victim who lives nearby, posing ongoing risks if alternative measures are applied.

Defense Counterarguments

• The defense questions why other precautionary measures are deemed insufficient without proper justification, referencing legal standards requiring proportionality in such decisions.

Legal Precedents and Proportionality

Legal Framework Reference

• Citing Articles 153 and 155 (fourth section), it’s noted that proportionality tests must be conducted; failure to do so undermines arguments presented by public prosecutors regarding preventive measures.

Case Law Citations

• References are made to international cases like García Rodríguez and Tempos Tech Pile against Mexico, emphasizing that judicial authorities must substantiate claims about necessity and appropriateness of imposed measures.

Human Rights Considerations

Presumption of Innocence

• It’s highlighted that presumption of innocence is fundamental; mere assertions from prosecutors about risks do not suffice without objective verification specific to each case.

Individual Circumstances Analysis

• Emphasizing that procedural dangers must be verified based on concrete circumstances rather than assumptions; this aligns with human rights principles outlined in various conventions.

Conclusion on Judicial Authority Responsibilities

Case-by-case Analysis Requirement

• Judicial authorities are reminded that pre-trial detention should not be automatic but assessed individually based on reasonable necessity as per established legal frameworks.

Localizability Factors

• Discussion includes how localizability does not solely depend on residence but also considers habitual living conditions which may affect decision-making in preventive custody scenarios.

Investigation and Evidence Presentation

Overview of Evidence Submitted

• The speaker discusses the submission of an investigation file to the Public Ministry, including various documents related to their client, Ángel Fernando Rodríguez.

• They present a birth certificate and CURP (Unique Population Registry Code) for Ángel, along with a voter ID card to establish his identity and residency.

• A utility bill from the Federal Electricity Commission is provided as proof of residence, indicating that Ángel has lived at the same address in Tultitlán since birth.

Supporting Documents

• Additional evidence includes a global positioning document showing the location of Ángel's home and a social service certificate confirming his continuous work and study history.

• The speaker mentions a copy of Ángel's birth certificate listing his parents' names: Antolín Luis Rodríguez Moya and Mariester Figueroa Gutiérrez.

Identification Verification

• Identifications from both parents are submitted; although they live separately, their addresses align with the utility bill presented earlier.

• The speaker emphasizes that these identifications support the claim regarding Ángel’s stable living situation.

Employment Verification

• A letter from Alejandro Pantoja confirms that Ángel works at "La Mexicana" restaurant in Tultitlán since February 2023, highlighting his reliability and responsibility in handling business operations.

• Another recommendation letter from María de Jesús García Castro attests to Ángel's character over many years, further supporting his employment claims.

Additional Employment Details

• The transcript notes that Ángel also works at another kitchen owned by his mother, demonstrating long-term employment stability within family-run businesses.

• A photograph of this second establishment is included as part of the evidence package submitted to reinforce claims about his work history.

Conclusion on Risk Mitigation

• The speaker concludes by stating that all submitted documents collectively mitigate any perceived risks associated with their client's case.

• They mention having received extensive documentation from the Public Ministry prior to this presentation, which they believe supports their argument effectively.

Legal Proceedings and Arguments in Case Evaluation

Overview of Article 170 and Legal Roles

• The discussion begins with a reference to Article 170, emphasizing the distinct roles of legal counsel and the Public Prosecutor's Office in evaluating the case.

• It is noted that there is no established habitual address for the accused, raising questions about their connection to the victim.

Examination of Victim and Accused Relationship

• The speaker highlights that there was no prior acquaintance between Fernando (the accused) and the victim, suggesting a chance encounter rather than premeditated violence.

• Concerns are raised regarding inconsistencies in the victim's statements, indicating potential changes or additions made during subsequent interviews.

Risk Assessment and Proportionality Test

• The argument stresses that the Public Prosecutor failed to meet the proportionality test required for justifying preventive detention.

• A recommendation is made for alternative measures such as periodic reporting to authorities instead of preventive detention.

Evidence Review and Claims of Violence

• The defense argues that police reports do not substantiate claims of violence or robbery, questioning the validity of evidence presented by the prosecution.

• There is an assertion that no concrete proof exists regarding neighborhood proximity between Fernando and the victim.

Conclusion on Preventive Measures

• The defense suggests alternatives like electronic monitoring could alleviate pressure on judicial resources while ensuring public safety.

• The prosecution maintains its stance on preventive detention based on perceived threats to victim safety despite lacking physical evidence like a firearm.

Final Remarks from Both Sides

• A call for objective evidence over subjective claims is reiterated by defense counsel as they conclude their arguments against preventive measures.

• The judge prepares to make a ruling based on constitutional articles related to procedural law, considering both sides' arguments.

Risk Assessment and Precautionary Measures in Legal Proceedings

Overview of Risk Assessment

• The study conducted by the State Center for Cautionary Measures regarding procedural risk related to the accused is merely indicative and not determinative for the judge, indicating a low-risk assessment.

Considerations Regarding the Victim

• There are doubts about the arraigo (rooting) based on Article 168 of the Law Adjetiva de la Materia; however, defense has provided documents justifying the accused's residence.

• Article 153 outlines reasons for imposing precautionary measures, emphasizing victim safety, witness protection, and preventing obstruction of proceedings.

Legal Framework for Protective Measures

• Article 137 of the National Code of Criminal Procedure allows public prosecutors to provide protective measures to victims against potential attacks from defendants. This indicates available means for victim protection.

• Cautionary measures must adhere to principles of legality, necessity, and proportionality as established by law; it is noted that no firearm was involved in this case but rather an artifact.

Judicial Decision on Precautionary Measures

• The judge finds that preventive detention is not appropriate given other available cautionary measures that can fulfill legal objectives effectively. Instead, alternative measures will be imposed based on Article 155 of the National Code of Criminal Procedure.

Specific Cautionary Measures Imposed

• Ángel Fernando Rodríguez Figueroa is ordered to comply with several precautionary measures:

• Monthly reporting at the State Center for Cautionary Measures within ten days each month starting March.

• Posting a financial guarantee amounting to 80,000 pesos in legally accepted forms.

• Prohibition from entering specific locations related to the incident and from contacting or approaching the victim if their location is known.

Compliance and Consequences

• These measures aim to ensure compliance with judicial processes while protecting community safety and preventing investigation obstructions until financial guarantees are presented; otherwise, detention will continue. Communication regarding these decisions will be made with local correctional facility authorities as per legal requirements outlined in Article 82 of relevant laws.

Final Remarks and Administrative Procedures

• Copies of video recordings from this procedural act will be authorized for distribution among participants according to legal provisions; access to electronic files will also be granted upon meeting administrative requirements. The next hearing is scheduled for February 14th, 2026. Requests from prosecution or defense were minimal during closing remarks.