After examining in detail the evidence in the file CNDH/1/2022/1435/Q, The National Human Rights Commission (CNDH) determined that there was “excessive use of police force” in the case of the death of the young Mexican actor Octavio Ocañaremembered for his character as “Benito Rivers”, in the television series “Neighbors”, which occurred at the end of October 2021.
The CNDH investigation concluded that there was human rights violations, to legality and legal security and personal integrity, for the excessive use of force to the detriment of Octavio Ocaña and the two people who accompanied them that fateful day. Likewise, it was determined that there were omissions in the preservation of the scene of the events by the first responders, as well as the right to privacy and the public image of the actor, attributable to elements of the municipal police of the City Council of Cuautitlán Izcalli, State of Mexico. .
Octavio Ocana died on October 29, 2021, at the age of 22, due to a bullet impact to the head, after a persecution with Municipal Police of Cuautitlán Izcalli, State of Mexico. The Attorney General’s Office of the State of Mexico (FGJEM), assured that said persecution was provoked by the actor, by not obeying a stop that the police officers had called for him, when he was driving in a van in the company of two people, apparently in state drunk.
“Benito Rivers” He was followed through several streets of Cuautitlán Izcalli, as far as the Chamapa-Lechería highway, at the height of the Atizapán de Zaragoza municipality, State of Mexico. During the journey, according to the FGJEM, Octavio Ocaña took out a pistol that he had in the glove compartment of the vehicle. From one moment to another, he allegedly lost control of the truck and when it hit a retaining wall, he accidentally shot himself in the head.
The National Human Rights Commission determined that during the persecution, one of the police officers exposed half of his body through one of the patrol car windows, showing a long firearmwithout aggressive or aggravated resistance on the part of the crew members of the truck, and transgressed the principle of absolute necessity when carrying out two shots at said vehicleplacing not only the victims but the population in general at risk, given that it was an urban and passable area.
Moments later, the same policeman fired one more shot while they were driving on a highway in the entity, hitting the indicated truck and omitting to act with greater prudence and diligence. For his part, the driver of the patrol made several “scopes” with the “tumbaburros” to the truckwhich influenced so that it suffered a destabilization and crashed into a mound of earth.
As a consequence of one of these crash maneuvers, a firearm was activated inside the truck that, “resulted in fatal injury to the victim’s brain extremity,” and violated his right to life.
In addition, the CNDH formulated seven recommendations to the municipal presidency of Cuautitlán Izcalli, State of Mexicoamong these, granting psychological and thanatological care that the victims require, both direct and indirect, and registering the direct and indirect victims of this case in the National Registry of Victims, so that immediate comprehensive reparation of the damage caused and they are granted compensation under the terms of the law.
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