Audiencia Inicial, NO se califica de Legal La Detención.

Initial Hearing for Francisco Sánchez Barrera and Jonathan Adrián Clara Robles

Context of the Hearing

• The hearing takes place in Mexico City on March 31, 2021, regarding the case against Francisco Sánchez Barrera and Jonathan Adrián Clara Robles for drug-related offenses.

• Attendees are reminded to maintain silence and refrain from using recording devices or weapons during the proceedings.

Legal Framework and Procedures

• The honorable Judge Gerardo Camps O. de Malagón presides over the hearing, which is opened according to Article 54 of national procedural law.

• Identification of participants occurs, including Carlos Vásquez Estellés as the public prosecutor and Gabriela Núñez as the defense attorney for Francisco Sánchez Barrera.

Defense Representation

• Gabriela Núñez formally accepts her role as defense counsel for Sánchez Barrera, providing necessary identification details.

• The importance of maintaining an updated address for notifications is emphasized to ensure proper communication from the court.

Introduction of Second Defendant

• Adair Villanueva González appears as the defense attorney for Jonathan Adrián Clara Robles, confirming his professional credentials.

• Similar procedures are followed for Jonathan's identification and notification preferences regarding legal correspondence.

Summary of Charges

• The public prosecutor requests a legal qualification of detention based on events that occurred on March 29, 2021.

Incident Overview

Sequence of Events During the Incident

• The accused throws a black bag on the ground; two individuals flee towards a bridge, leading to a brief chase with officers.

• One accused, Francisco, brandishes a knife and threatens an officer while another accused, Jonathan, urges him to act quickly. Fernando injures Officer Ricardo by cutting his finger and palm.

• Francisco discards one knife but retrieves another from his jacket pocket, injuring Officer Alberto near his groin area before being subdued by Officer Ricardo.

Arrest and Medical Assistance

• After the arrest at 3:35 PM, police request medical assistance for the injured officer. Rights are read at 3:37 PM.

• At 3:40 PM, additional support arrives; Jonathan is found with two Ziploc bags containing dry green vegetation in his pants pockets.

Evidence Collection

• A third knife is discovered in Francisco's jacket pocket along with 15 Ziploc bags of similar vegetation inside the discarded black bag.

Medical Response and Legal Proceedings

Ambulance Arrival and Hospital Transfer

• An ambulance arrives at 4:10 PM; paramedics determine that Officer Alberto needs to be transferred to San Ángel Inn hospital.

• The transfer begins at 4:25 PM; legal documentation starts as soon as they arrive at the territorial coordination center.

Investigation Initiation

• At 6:30 PM, authorities agree on the flagrant nature of the crime under Article 146 of procedural law due to ongoing criminal activity.

Chemical Analysis Results

Substance Identification

• On March 30th at 1:45 PM, chemical analyses confirm that four plastic bags contain cannabis sativa weighing approximately 39.3 grams.

• A second analysis reveals that the contents of fifteen bags weigh about 146.7 grams and also identify as cannabis sativa.

Legal Classification

• Based on these findings, legal retention agreements are established due to possession quantities exceeding personal use limits defined by law (5 grams).

Conclusion on Legal Implications

Legal Proceedings and Charges Overview

Nature of the Crime

• The discussion revolves around the classification of a crime as permanent, referencing Article 7, Section 2 of the Federal Penal Code. This indicates that the crime's completion extends over time.

• Article 8 identifies the crime as one of intentional action (dolosa), emphasizing that it involves deliberate wrongdoing.

Legal Definitions and Responsibilities

• According to Article 9, Paragraph 1, an individual acts intentionally if they are aware of the elements constituting a criminal offense and accept their involvement in committing it.

• Article 13 outlines who can be considered authors of a crime, specifically mentioning those who directly engage in its commission.

Contextual Details on Detention

• On March 31, 2021, at 3 AM, the accused individuals were taken into custody at Preventive Male Reclusorio Norte and are now under judicial authority.

• The prosecutor requests confirmation from the court regarding the legality of detention based on presented evidence.

Investigation Insights

• There is a request for clarification on whether any investigative actions were taken to identify a woman who made a report about suspicious activities involving two men handling bags with marijuana.

• The prosecutor mentions that while police interviews confirmed a woman's signals for assistance, she refrained from providing further information due to safety concerns.

Additional Investigative Actions