GENERAL BUREAU OF JUSTICE OF THE STATE OF BAJA CALIFORNIA SUR

 

AGREEMENT: In the City of San Jose del Cabo, State of Baja California Sur, at 15:30 hours of June 7, 2000, (TWO THOUSAND), the C. Investigator Agent of the Public Ministry of the Common matters, whom acts in a legal manner with the assistance witness whom sign at the end as constancy, AGREED. -As is presented by the facts that originate the present investigation, as is the felony of DAMAGE IN THE THINGS, presented by JOSEPH T. NIED, against who or whom result responslible, whom among other things to be here to present the denounce, he manifest.........the fire of a room, as well as a bathroom with new sanitary equipment and construction material and that seams that this last one was able to be stopped from being burned, with a loss of approximately between $500 and $1000.00 American dollars, from the evidence, such as this statement, as the testimony of JUAN ISLAS JARDINES, we can observe that he can not identify the persons responsible of the damages and that It was at night, same that light fire to the bathroom, they empty all the water that there was in the tanks, that they pour two bottles of 2 liters and one of 1 liter of oil in the interior and to the blocks of 1.20 with color they pour gasoline and \they light up fire in the storage room where he was sleeping.Therefore when the Investigator Agent went to the place where the facts took place and as is showed in the ministerial faith dated February 17 of the present year, it was on sight the hole not to depth with debris of burned wood in it's interior and the reminds of a ioning, without observing any other burned room or construction, except around 70 blocks partially damaged, therefore this Fiscal Office considers that the plaintiff and the witness have been overreacting and far from reality , they pretend to make believe that a construction or storage room or kitchen and of a "New" sanitary, that was not seen anywhere, therefore they claim the damages to the construction material (white bock), he was called to credit his juridical interest over the damage; but up to this moment that has not happened; therefore in what respect to the probable responsibility of whom is pointed by the Judicial Police in their report CRAIG BRD WILLIAMS EUGENE, of North American citizenship that is not credited, even if is true that in February 17 of the present year he present his ministerial testimony, without the assistance of a official translator, therefore it is possible that there was not a clear comprehension of the facts that we inform him and show him as probable responsible of the damages, decreasing value to such situation based in the misunderstanding of the Spanish language, anyhow after this he came again to expose his version, in which he accepts to have problems with the plaintiff based in the unhealthy situation where his employees do their physiological needs and that of this the competent authorities already have knowledge and he recognize to have pour gasoline for the bad smell and the contamination generated by the conditions of the latrine, and because there is no direct appointment to his person that he provoke the damages, it is not proven his probable responsibility, less more for the person named PETER ANTHONY MCGONAGLE, whom is not involved to this and from the file it is proven that he has not intervene whatsoever in the facts, and that have been overreacted in their magnitude as it was proved by the presence of the present in the place were the facts took place, therefore it is legal to propone the consultation of the present file in a FILE CONSULT WAY, because is not fully proven the felony or the probable responsibility of CRAID BRD. WILLIAMS EUGENE AND PETER ANTHONY McGONAGLE, have to send the present to the C. DIRECTOR OF PREVIOUS AVERIGUATIONS AND PROGRESS CONTROL IN THE STATE, LIC. ROBERTO ZAVALA AVILES, for him to ratify or rectify the present consults. -The above in agreement with what is disposed in article 267 fraction II of the Penal Procedures Code updated and article 38 fraction V, 39 fraction V, 63 of the organic Law of the Institution. FULFILL.

It Is closed and authorized what was acted. -WE GAVE FAITH.

C. AGENT OF THE PUBLIC MINISTER OF THE COMMON MATTERS, INVESTIGATOR IN CHARGE.

 

LIC. MARICELA VARGAS MURILLO

 

Witness of Assistance                                

Maria Amparo Cesena Alvarez

                 

Witness of Assistance

Alvaro Castro Canett

 

 CONSTANCY: In the CIty of San Jose del Cabo, State of Baja California Sur, on June 7th, 2000 (two thousand) at 15:30 hours, it was fulfilled what was ordered in agreement with the antecedent. STATED.

 

Witness of Assistance                                

Maria Amparo Cesena Alvarez

                 

Witness of Assistance

Alvaro Castro Canett