PREVIOUS INVESTIGATION No 187/2000

Mr. Public Minister Agent. Of the court of equity.

San Jose del Cabo. B.C.S.

Mr. EUGENE CRAIN WILLIAMS, having his generals known in the Previous Investigation pointed out at the beginning, and having duly authorized my legal stay in the country, in the cause that is been investigated, and in my character of the suspect responsible, before you I appear and present:

That by this means in writing and with the faculties that the Article 2° of the constitution is granting me and with the support of the others Articles 25 and 26 Fraction IV of the Proceedings Code for the Estate of Baja California Sur, I appear to give my Ministerial Declaration, in relation with the facts that I'm been investigated, in relation with the claim or demand presented by Mr. Joseph T. Neid, against who will become responsible, for the crime of guilt for damages to the things, so for such effect here I'm, to declare the following:

That the day of the facts, the subscribed. That I have my personal home in the Lot 4, of the development Los Zacatitos, in the area of the Golf, the one is part of the Los Cabos, B.C.S, municipality. I went to the construction site to make sure in which way and manner the construction workers were taking care of their own physiological needs (going to the toilet to defecate), I did this because at the beginning of this construction around the month of January of this year, the subscribed as well as all the neighbors of Los Zacatitos, will perceive constantly bad odors, as well as a big amount of flys and other insects that will go into our homes especially in the kitchen areas, so I thought that in such site was an infection point, and what was my surprise, that is such construction site I found a hole made directly into the ground and it was full of human excrement, and from it a horrible bad odor was coming out, also it was full invaded with worms and flays, then immediately I thought on pouring some gasoline to calm down the bad odor and to kill so many animals, that was contaminating to all of us the neighbors who live in Los Zacatitos.

I want to manifest that in no moment I set fire to the hole with human excrement, that I only pour the gasoline to kill the bad odor and to kill the animals that were inside it (worms, flys, cockroaches, etc), once I had pour the gasoline into the hole, I left the place.

Also I want to leave very clear that I did not, at any moment, set fire to the various rnaterials of not to deep where the construdion workers were using as a toilet in which the workers were defecating at open Air every day and a big number of persons doing so, making this into a big sanitary and health problem for the community of Los Zacatitos. Nevertheless and answering to the complaint presented before the Health Department (Secretary for Salubrity y Assistance) dated on March 10, 2000 and such agency issued the official letter No 009/2000, in which got required and warn the Responsible of the Baja Constructions, SA located at Block C, lot 4 from Santa Cruz de Los Zacatitos represented by Mr. Joe Neid who is the same person who is doing the complaint of the facts herein, and who is trying to change the facts, trying to surprise this social representation, saying that the situation of the facts were different than the real thing and in the deep of this controversy, that it is no such an infection point and that it is not attainting against the public health, as I had presented with the real facts by the official letter aforementioned, which I request to be as with proof and full value at the moment when this case gets resolved, and with the constancy that are added in the Previous investigation herein, it is not creditable the Crime of Guild for Damages on the things, that the one who is complaining is trying to present with value, in the contrary he is trying to gain self benefit, complaining about facts that are not true and do not match with what the one who is complaining, in the same manner I want to leave sited that it is not true that Mr. Peter Mc Gongigal, and no other person, and that en never came to the site in the vehicle that has been mentioned. This was a personal act, precisely by reason of the bad odor that such hole full of human excrement was producing and that such hole was affecting the subscribed and the other nejghbors in the community, the aforementioned I am proving with the copy of the official letter from the Health department with the official seal and stamp of the Sanitary Regulation of the Jurisdiction 004 from this city, in which is presented the complaint from all the neighbors of the community of Los Zacatitos, in which is pointed directly the construction site bellows to Mr. Joe Neid in which it is an open latrine to the Air, making It clear that it is not a latrine it is only a hole in the ground.

FIRST. Have me as presented my Ministerial Declaration in writing, in the way and terms presented.

SECOND. To be given a proof value to the Declaration herein as well to all the presented documents that for such effect I am presenting.

TH I RD . To be analyzed the constancy that are in the Autos, and to be determine the NO EXERCISE OF THE CRIMINAL ACTION.

San Jose del Cabo, B. C.S. April 5, 2000 I PROTEST WHATEVER IS NECESSARY (Signature)

Mr. Eugene Crain Williams.