RESEARCH FILE PY-0002/2013

CRIME: QUALIFIED HOMICIDE WITH

ADVANTAGE
DEFENDANT: CALIXTO URIBE ALTAMIRANO
TORIBIO PELAEZ URIBE
SUBJECT: ACCUSATION

C. CONTROL JUDGE OF THE FIRST

JUDICIAL DISTRICT IN THE STATE.
PRESENT

LIC. ANA BLANCA GARCIA ALVARADO with badge number 201501. LIC.
SELENE FIERROS CHABLE with badge number 201502, LIC. CARLOS
ALBERTO CRUZ GUZMÁN with badge number 201503, LIC. GERARDO
ANDRES GUZMAN DIAZ with badge number 201504. Agents of the Ministry
Public with an address to hear and receive notifications located at the avenue
Morelos number 30, Los Cipreses neighborhood, in the State of Guerrero. as well as the
email mpguerrero@hotmail.com, inside the folder of
investigation PY-0002/2013, before you, with due respect, appear and
exponent

Through this course based on Article 334 of the Code

In accordance with the current National Code of Criminal Procedure, we appear to FORMULATE
ACCUSATION against Mr. CALIXTO URIBE ALTAMIRANO for the events
classified as the crime of QUALIFIED HOMICIDE WITH ADVANTAGE to the detriment
who in life was known as TORIBIO PELAEZ URIBE, illicit that
are provided for and sanctioned by articles 123, 138 fraction I, section
b, in the assumption of being superior due to the weapons it employs, in relation to the
Article 128 of the Penal Code for the Federal District in force.

In order to comply with the provisions of articles 334 and 335 of the Code
Current National Criminal Procedure, we would like to point out the
following data:

I. INDIVIDUALIZATION OF THE ACCUSED AND HIS DEFENDER:

1.- Accused: C. CALIXTO URIBE ALTAMARINO, no nickname, 40 years old

age
State of Guerrero, residing at Calzada Camarones number 45,
Colonia Parques, State of Guerrero, of agricultural engineer occupation.
2.- Defensores:LIC. EVELYN DIAZ RIVERA, LIC. GREGORIO CARTEÑO
GARRIDO, LIC. MARIANA MARTINEZ CASTILLO, CLAUDIA GUADALUPE
VELASQUEZ RUIZ with procedural address located at ...

II INDIVIDUALIZATION OF THE VICTIM OR OFFENDED PARTY

1.- VICTIM: C. TORIBIO PELÁEZ URIBE, residing at the property marked

with the number 152 of Avenida López Mateos, Paseos de la Estrella neighborhood,
in Acapulco, Guerrero.

2.-OFFENDED: C. RAMIRO PELÁEZ COBIX, with an address at the property marked

with the number 152 on López Mateos Avenue, Paseos de la Estrella neighborhood,
in the State of Guerrero.

III DETAILED ACCOUNT OF THE FACTS ATTRIBUTED, THEIR

MODALITIES AND LEGAL CLASSIFICATION

1.- Detailed account of the facts attributed and their modalities

On January fourth of the year two thousand thirteen, in the vicinity of the hotel
"Vella" Vista", located on the Caleta-Caletilla beach of this city, TORIBIO
PELÁEZ URIBE was at a celebration, on the occasion of the birthday
of his father Ramiro Peláez Cobix. Approximately at 18:00 hours, he is seen
in the company of CALIXTO URIBE ALTAMIRANO, with whom he left the
party manifesting that he wanted to clarify a few things with him, addressing the outside
of the hotel, as years ago they had a very strong sentimental dispute. Being
6:05 PM CALIXTO URIBE ALTAMIRANO fires a firearm at
against TORIBIO PELÁEZ URIBE hitting him in the abdomen near the
chest, one who tries to escape running, stumbling and holding on with their hand
right near the chest chased closely by his attacker, who catches up to him
a few meters from a cabin located in the same area as Playa Caleta-
Caletilla, Place where Roberto Solís Armenta was located inside
said cabin and flyer Muñoz Acosta with Serafina Coto Méndez outside
from said property, who witnessed the moment when CALIXTO URIBE
ALTAMIRANO after shouting: 'Now you are really going to die' stabs
in the back and neck to TORIBIO PELÁEZ URIBE, who finally falls
dying minutes later. Pamphlet Muñoz Acosta immediately carries out a
call on your mobile phone to the emergency center.
After what happened, CALIXTO URIBE ALTAMIRANO flees being
later detained by the tourist police officer Rigoberto Alfaro
Ruiz, who was patrolling on that beach, takes someone who assures him a
firearm brand Colt, caliber 38, long barrel, black color with the number
serial FG-234-12, with an empty shell inside and three bullets in the nut.
Approximately at 18:30 hours arriving at the place the commander Concepción
Cortés Álvarez and Policardio Armendáriz Rodríguez, police officers
judicial of the State, in response to the call to the emergency center
communicating that a murder had occurred on that beach.
The element Policardio Armendáriz Rodríguez heads to the scene of the events and
he noticed the body of the deceased, which was lying on the sand
face down on a puddle of blood, with wounds on the back and
wounds apparently caused by a cutting weapon, as well as an injury in
abdominal area seemingly produced by firearm. A few meters away.
from the body lifts and packages a metal chef's knife with a handle
black color, hard plastic cover, with a sharp flat stainless steel blade and
pointed ending without any legend or logo with stains apparently from
blood. Moments later, emergency medical service personnel arrived who
they confirmed the death of Toribio Peláez Uribe.

2.- Legal classification

With the above, it is certain that the accused in question, CALIXTO

URIBE ALTAMIRANO, committed the conduct classified as a crime in that way.
QUALIFIED HOMICIDE WITH ADVANTAGE provided for and sanctioned by the
Articles 123, 138 section I, subsection b, in the event of being higher due to the
weapons used, in relation to Article 128 of the Penal Code for the
Current Federal District.

IV MODIFICATORY CIRCUMSTANCES OF RESPONSIBILITY

PENAL

1.- In this case, the following is updated: In the crime of HOMICIDE

updates the aggravating factor contained in the first assumption provided for in subsection b,
from section I of article 138 of the Penal Code for the Federal District, in
virtue that there is an advantage whenever the asset is superior by the weapon of
Colt brand firearm, .38 caliber, long barrel, black color with serial number FG-
234-12 and the metal onion knife with a black handle,
hard plastic cover, with a flat sharp stainless steel blade and finish in
point without any legend or logo, the aggravated penalty indicated applies.
Article 128 of the Code in question.

INTERVENTION FORM ATTRIBUTED TO THE ACCUSED

The authorship or participation attributed to the accused today is that of the Author.
Material, in accordance with the provisions of article 22 fraction I of the Code
Current Penal Code for the Federal District, since the accused did it the
same.
The accused carried out the conduct for which he is being charged in the ways of
participation contemplated in article 18 of the Penal Code of the Federal District,
that is to say in a fraudulent manner, since he deployed it knowing the typical result of the
conduct that was carried out.

VI LEGAL PRECEPTS APPLICABLE

Are applicable, in addition to the legal provisions that are invoked throughout the
present accusation, the following provisions: Article 20 of the Constitution
Federal, articles 123, 138 section I, subsection b, in the event of being greater
for the weapons used, in relation to article 128 of the Penal Code for
the current Federal District, as well as articles 11 section b and 83 of the Law
Federal Firearms and Explosives, Possession of weapons, ammunition and
material for the exclusive use of the Army, Navy, and Armed Forces, therefore
makes the mechanism.

Regarding the procedure, Articles 211, 213, 217, 221, 227 are applicable.
229, 251, 252, 261, 262, 307, 308, 309, 313, 324, Fraction III, 323, 334, 335
337, 342, 344, 345, 346, 347 of the National Code of Criminal Procedure.
In the case that the accused chooses the abbreviated trial, the following will apply.
articles 201 to 207 of the Adjunct Code.

VII OFFERING OF THE MEANS OF PROOF THAT THE MINISTRY

THE PUBLIC PROPOSES TO DISCHARGE IN THE TRIAL

1.- TESTIMONIALS. For the purposes of proving the facts in question

In this accusation, this Prosecutor's Office will rely on the statements of the following
witnesses; attaching the present list of them and indicating the points
on which their declarations must fall:

RAMIRO PELÁEZ COBIX, residing at the property marked with the number 152
from López Mateos Avenue, Paseos de la Estrella neighborhood, in the State
from Guerrero. A person that this social representation commits to
to present to give their testimony about moments prior to the
facts, when did you last see CALIXTO URIBE ALTAMIRANO and
TORIBIO PELAEZ URIBE withdraw together from the hotel 'VELLA VISTA', thus
as the subsequent identification of the body of TORIBIO PELAEZ URIBE,
carried out in the state forensic medical service.
PANFLETO MUÑOZ ACOSTA, residing at house number 16, street 33
called 'Zempoala', city of Acapulco Guerrero. Person who is
social representation commits to present to account for its
testimony regarding circumstances prior to the event, the moment in
who hears the gunfire on Caleta beach
Caletilla, when he realizes that the defendant was the one who chased and
knife in the back and neck of the deceased, as well as the moment when the
The accused threw a sharp weapon on that beach.

SERAFINA COTO MÉNDEZ, residing at house 34, located on the street

Francisco I. Madero, city of Acapulco Guerrero. Person who is
social representation commits to presenting to account for its
testimony regarding circumstances prior to the event, to the detonation
the gunfire that is heard on the beach of Caleta-Caletilla, when it
realize that the accused was the one who chased and stabbed in the back
neck to the deceased, as well as the identification of CALIXTO URIBE
ALTAMIRANO.

ROBERTO SOLIS ARMENTA, residing at house 55, of building 'B',

Los Olivos subdivision, Venustiano Carranza street, city of
Acapulco Guerrero. Person who is this social representation
commits to appear to give their testimony regarding the
detonation of firearm and of the facts subject of the present
accusation.

RIGOBERTO ALFARO RUIZ, a member of the state tourist police, who

he must be summoned to appear by means that the court
designed, with the purpose of giving his testimony regarding the
detention of CALIXTO URIBE ALTAMIERANO and the securing of the
firearm brand Colt, caliber 38, long barrel, black color with the
serial number FG-234-12 carried by CALIXTO URIBE himself
ALTAMIRANO.

POLICARDIO ARMENDARIZ RODRÍGUEZ, a member of the judicial police of

state who should be summoned for their appearance by means that the
court appointed, with the purpose of giving their testimony regarding the
finding of the body, packaging of the firearm brand Colt, caliber 38,
long barrel, black color with serial number FG-234-12, of the pointed weapon
metal onion knife with a black handle
hard plastic cover, with a flat sharp stainless steel blade and
pointed ending without any legend or logo, as it is he who gives
start the chain of custody regarding the two objects.
2.- EXPERT WITNESSES. For the purposes of proving the facts subject to this
accusation, this Prosecutor's Office will rely on the statements of the following experts;
attaching this list of the same and indicating the qualities of the
The documentation that proves their capacity is attached to the present.
technique and expertise, as well as their respective reports accordingly.

DR. CASIANO RUIZ, expert in the field of forensic medicine, with

address on 47th Avenue, house 12, Central neighborhood, city of Acapulco,
Guerrero. Person who must be summoned by legal means.
leading, through their hierarchical superior. The matter on which
it will fall on his statements will mainly be the causes of
death of TORIBIO PELAEZ URIBE, as well as the projectile extracted from
body of the same.

MARICHELO SUAREZ TORRES, expert in the specialty of ballistics, with

address on Los Faisanes street, house 21, Lot 16, of the Las subdivision
Palmas, city of Acapulco, Guerrero. Person who should be summoned in
through the appropriate legal means, through their hierarchical superior. The
the subject on which their statements will be based will be that the
Projectile extracted from the body of TORIBIO PELAEZ URIBE, was shot.
by the Colt firearm, .38 caliber, long barrel, black color with
the serial number FG-234-12.

MARICHELO SUAREZ TORRES, expert in the specialty of ballistics,

address on Los Faisanes Street, house 21, Lot 16, of the Las subdivision
Palmas, city of Acapulco, Guerrero. Person who should be summoned in
through the appropriate legal channels, via their hierarchical superior. The
the subject on which their statements will be based will be
positive identification between the fingerprint found on the firearm brand
Colt, caliber 38, long barrel, black color with serial number FG-234-12
and the footprints of CALIXTO URIBE ALTAMIRANO

3.-Material Test.-

Colt firearm, .38 caliber, long barrel, black color with the
serial number FG-234-12 on which the ballistic expert examination was performed,
as well as the documentation that certifies the chain of custody
corresponding, incorporated by Policardio Armendáriz Rodríguez, who
initiate the chain of custody.

•Projectile extracted from the body of TORIBIO PELAEZ URIBE, on which

I practice ballistics expertise, incorporated by Dr. CASIANO RUIZ
SCRIBE, who initiates the chain of custody.
Tablet and image of the fingerprints taken from CALIXTO URIBE ALTAMIRANO,
about which the expert examination in dactyloscopy was practiced, incorporated by
Policardio Armendáriz Rodríguez, who initiates the chain of custody.

Blade-type stabbing weapon, metal knife with a handle

black color, hard plastic cover, with stainless steel blade
sharp blade with a pointed end without any legend or logo
incorporated by Policardio Armendáriz Rodríguez, who starts the chain
of custody.

Likewise, a copy of the minutes is attached to this accusatory document.

of the respective chain of custody.

4.- DOCUMENTARY EVIDENCE.

PUBLIC DOCUMENT consisting of birth certificate number 36

issued by the civil registry of Acapulco, Guerrero. which is attached to
written accusation presented. This means of evidence to substantiate the
identity of TORIBIO PELAEZ URIBE.

VIII. PENALTIES AND SECURITY MEASURES

1.- Penalty that the Public Prosecutor's Office requests.

a).- DEPRIVATION OF LIBERTY, for the maximum time stipulated in the

articles by articles 123, 138 fraction I, section b, in relation to the article
128, all of the current Penal Code in the Federal District, applicable to the crime of
QUALIFIED HOMICIDE WITH ADVANTAGE which corresponds to 50 years of
prison, to serve at the Penitentiary Center that you deem appropriate.

b) Repair of damages and losses. Consisting of the payment that must be made
to realize the father of TORIBIO PELAEZ URIBE named RAMIRO PELÁEZ
COBIX, for the amount of $643,181.76 as compensation for the
death of the deceased today; the amount of $43,031.40 for payment for
funeral expenses reason for the death of the deceased today. Making a total of
$686,213.16

d) The Reprimand that Your Honor gives to the accused, in order to urge him to
that in the future they shall adhere to the norms of family treatment and social coexistence,
so that it avoids its future involvement in the commission of crimes.
e) The warning that Your Honor issues to the defendant, in order to compel them to
that he refrains from committing a new crime, warning him about the
legal consequences that their criminal behavior would have.

f) The Deprivation or Disqualification of Rights.- As a consequence of the crimes

of Homicide and Aggravated Unintentional Injuries, as provided in the article
128 of the current Penal Code in the state of Morelos; the deprivation or
disqualification of the defendant's right to drive vehicles
motor vehicles in the country. Therefore, it is requested that once it becomes final
the respective sentence orders the Directorate of Transport and Roadway
the states of the republic, the driver's license held by the
indicted and the issuance of a new one is prohibited.

IX.- Means of evidence regarding the individualization of the penalty and the
related to the inadmissibility, if applicable, of substitutes for the penalty of
prison or its suspension.

In the particular case, the substitute for the prison sentence is deemed inadmissible.
deprivation of liberty whenever according to the requirements of the
justice and the needs for social reintegration in the specific case, make
It is necessary for the defendant to remain detained as it seriously affects.
legal goods protected by law.
The defendant has not shown his desire to repair the damages and losses.
caused to the victims and offended.

Based on the above, I respectfully address you, Honorable Judge,

I request:

FIRST.- To acknowledge the Submission of the Accusation Form.

against CALIXTO URIBE ALTAMIRANO for the crime of HOMICIDE
QUALIFIED WITH ADVANTAGE to the detriment of the one who in life answered to the name
deTORIBIO PELAEZ URIBE; illicit acts that are foreseen and sanctioned
by articles 123, 138 section I, clause b, in relation to article 128,
all of the current Penal Code in the Federal District, under the terms previously
exposed.

SECOND.- Order to notify the present accusation to all interveners,

that is to say to the Defendant, to his defense attorney, to the victim, aggrieved witnesses, experts and
summon them to the oral trial procedure hearing. Through the Court
Oral Trial of First Instance of the First Judicial District in the District
Federal.
 TE NTATI V E LY
Mexico, Federal District, July 15, 2015.

LIC. _____________________
PROSECUTOR AGENT