Home Guanajuato State American expat hotel owner sets precedent in Guanajuato law

American expat hotel owner sets precedent in Guanajuato law

by sanmigueltimes
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GUANAJUATO — After an alleged robbery attempt at ‘Casa Zúñiga’, a hotel located on Subida de San Miguel street, next to the Pipila monument, in the city of Guanajuato, a member of ‘Los Pelones‘ from Cerro del Gallo street gang died at the hands of American expat and business owner Richard Zuñiga, who was transferred to the Public Ministry of the local jurisdiction.

The events were recorded around 11:00 am on Tuesday August 29, 2017, in the corridor of the hotel that is located right next to Guanajuato’s funicular.

At the aforementioned time, hotel owner Richard Zúñiga called the 911 Emergency System to report what happened.

Minutes later, paramedics of Municipal Civil Protection arrived onsite and confirmed that the intruder had no vital signs, and he was laying stretched out on the floor near ‘Casa Zúñiga’s’ entrance.

Preventive police officers said that ‘El Malé‘ had been shot to death. But the paramedics confirmed that the body did not have any bullet impacts whatsoever.

According to the report, the man of approximately 35 years of age presented several injuries to his head and face.

Once the death of the man was corroborated, the State Ministerial Police (PME) was notified and subsequently arrived onsite to take Zuñiga to testify at the local delegation.

People who live near the place where the events took place pointed out that “El Malé” was seen earlier that day wandering around the area with two other members of  ‘Los Pelones‘.

Police officers found a pistol at the crime scene, which presumably was carried by one of three alleged assailants.

casa zuniga 1

Staff of Expert Services of the Attorney General of the State of Guanajuato and personnel of SEMEFO removed the body.

Local newspaper Periódico Correo, reported that ‘El Malé‘ had two brothers who also died in violent situations. The first of them was stabbed years ago in Guanajuato’s Colonia Encino; while another one of his brothers known as ‘El Chuy‘ was located dead two years ago near the place known as “El Cubo” in the same city.

On Wednesday August 30, Richard Zúñiga was released from custoy. The man who killed one of the members of ‘Los Pelones‘ when he entered his hotel with the intention of stealing became the first person to benefit from the legal reform in the field of ‘Legitimate Defense‘ (Legítima Defensa).

The order of liberation was given on Tuesday August 30 at 7:50 pm by an agent of the Public Prosecutor’s Office to the municipal Public Security Directorate, where Zúñiga was detained.

The argument of the ministerial authority was that in this case, the reform that consisted of adding fraction V to article 33 of the State Penal Code in matters of ‘Legitimate Defense’ was applied, so that if an offender breaks into someone’s home, the inhabitant can defend himself with what he has at hand, without incurring criminal responsibility.

Source: https://periodicocorreo.com.mx/

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