Inside Criminal Courtroom 22, Jessica Meléndez sat just three metres from Javier CP, the driver accused of killing her teenage son and leaving her mother with severe fractures after running them over and pinning their bodies against a wall. A third teenager was unharmed.
It was the continuation of the initial hearing on whether or not to link the criminal case 5009/2024 to the process, which was presided over by Control Judge Jorge González Rodríguez.
The woman could not hold back her tears. She turned her face to the left, opposite the place where Javier was sitting, accused of homicide and injuries, both crimes caused by negligence.
Jessica also evaded the photographs contained in the investigation folder in which the injured body of her 17-year-old son Bryan SM and the injuries suffered by her mother Claudia Verónica CD could be seen during the events that occurred on August 10 at approximately 11:20 p.m., right at the intersection of Melón and Garambullo streets and Zaragoza Boulevard.
There was no legal advisor from the Victim Assistance Commission at this hearing, so it was the Public Prosecutor’s Office who was responsible for supporting the parents, who just last Wednesday gave a Christian burial to their only son and the second of three siblings.
Jessica’s crying shocked a woman sitting in the audience. She was the mother of the accused, who traveled from the south of the country to support her imprisoned son, who moved to this border some time ago in search of a better quality of life.
The audience
Initially, this hearing was presided over by Judge Yira Ochoa, who excused herself and was replaced by Judge Jorge González. The judge notified the accused that his legal representative would be replaced by private defender José Luna.
In the narrative of events previously made by the Public Ministry agent, José Martínez, it was revealed that the teenager was going with his grandmother Claudia and a third relative to a convenience store. The grandmother and grandson were hit by the driver of a silver Mitsubishi car, 2017 model, with national license plates, driven by Javier CP, who was intoxicated and tested positive for marijuana use.
The driver changed lanes recklessly and lost control of the vehicle, hitting pedestrians and pinning the teenager against a wall.
Forensic tests determined that the driver had alcohol in his blood and tested positive for alcohol consumption.
With all the evidence provided by the social representation, the judge decided to bring the accused to trial, who also suffered injuries in the accident.
They propose an alternative way out
The Public Prosecutor’s Office requested three months for the investigation file to be closed, while the defense requested a conditional suspension of the proceedings.
This is an alternative solution that the litigant proposed to the Control Judge to resolve the conflict and presented as a plan for reparation of damages the payment of 1.8 million pesos for the death of the teenager, which would be covered by the company AXA Mexico as part of the third party damage policy that the driver acquired last March; while in the case of Claudia Verónica, the lawyer said that the woman was a beneficiary of the Mexican Social Security Institute (IMSS), so Social Security covered her medical assistance.
The public prosecutor objected, saying that the Social Security service was not ideal and that there was no current diagnosis of the medical treatment that the woman would require in the future.
The judge consulted the mother and she said that she was not opposed to an alternative exit, but that she was not in a physical or mental condition that day to make a momentous decision.
The judge explained that in addition to financial compensation, the accused must attend drug rehabilitation and must remain at the address he provided and be under surveillance for alcohol and drug tests. His driving license will also be revoked.
They will make a decision on Monday
The mother and father, who were also present at the hearing, will make a decision on Monday and notify the judge.
At the end of the hearing, the defense attorney asked the judge for permission for the accused to hug his mother, whom he had not seen for a long time because she lives in the state of Morelos.
Both people hugged each other and burst into tears.
“Don’t worry, everything will be fine, God willing,” the woman consoled the driver accused of manslaughter.
‘My son was a very kind child’
“My son was a very kind child, he got along well with everyone, he was very respectful and very obedient, if I asked him to do something, he did it,” said Bryan’s father, while holding his wife in his arms.
The mother intervened and said her son always asked them for permission to go to the store, despite being 17 years old.
“My son was a very cute little boy, he wasn’t studying at the moment. He had been working for two weeks and that day he received the money that was owed to him from his salary and he even lent me money; they were going to buy cookies and chips,” his mother recalled.
The couple explained that when the accident occurred they were notified and they were able to see their child taking his last breaths.
Father and mother hugged him and assured him that everything would be okay, that they would get through it.
The grandmother was near her grandson’s body, but he was unconscious from the blow. It was a few hours ago that the woman was notified of the teenager’s death and she became very emotionally upset.
Parents refuse to accept that their son’s death is a pointless death.
Tougher action is urgently needed for drunk drivers, who must take full responsibility for drinking alcohol, combining it with drugs and then deciding to drive, they said.
“There are so many services, why don’t they ask for a car to take them home instead of ending the lives of innocent people? We don’t wish anyone any harm, nor do we oppose the agreement, we just want them to be aware of the damage caused by drunk drivers… they destroy lives and families,” said both parents, who, although they try to be strong, are still overcome by the death of their son.
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