Magistrate's family denies crime of passion; “Justice, let them clear his name”
Magistrate Jesús Ociel Baena and his partner, Dorian Daniel Nieves – who were found dead on Monday at their home in a subdivision of the state capital – were fired yesterday by family and friends.
The bodies of the official and his partner were briefly laid to rest in a hydro-warm capital funeral home, by family and friends.
There, the magistrate's sister rejected the version released by the authorities, who claim that they caused the injuries with a razor.
“Justice, let them clear their name because everything they are saying is false. They are lies, they were very calm, very peaceful people, they loved each other very much, there was no evil in them, everything is false, they had just arrived from their trip to Oaxaca together, happy, content, we spoke with him on Sunday in the night, arriving from the airport, and they were both happy, happy as always," said Cyntiha Baena, the magistrate's sister.
He assured that they were very aware of his brother because four days before his death they had threatened him.
The government of the Republic demanded that the Aguascalientes authorities conduct an exhaustive investigation to clarify Baena's death.
The magistrate and his partner were taken to the Cathedral in the center of the city for a body mass present, which was attended by the Secretary General of the Government, Florentino Reyes, who supported the investigations of the State Prosecutor's Office, amid screams from members from the community who, while saying that it was a conflict between two people, shouted “crime of passion, national lie.”
After the body mass, both bodies were transferred to the facilities of the state Electoral Tribunal, where a tribute was paid to the 'magistrate', a minute of silence was observed and his legacy and his fight for the LGBTQ+ community were remembered.
In the most recent update of the case, the Aguascalientes prosecutor, Jesús Figueroa, said that Baena's death was a homicide, which was committed by Dorian, causing him to bleed to death.
Last night, the magistrate's body arrived in Saltillo, Coahuila, his homeland. There they will hold a funeral.
With information from Alma Gudiño
Methamphetamine found in Dorian
By Paola Delgado
Dorian Herrera, partner of Jesús Ociel Baena, tested positive for methamphetamines in tests carried out by the Aguascalientes Attorney General's Office. This was revealed by prosecutor Jesús Figueroa, in Image News with Crystal Mendivil.
He explained that the agency is also investigating the leak of the photos showing the bloody body of the magistrate, holding a knife.
“We know that state and investigative police and the experts who processed the place arrived, there was no access to the media, so one of these bad servants leaked it,” he said.
He reaffirmed that it was a “crime of passion,” that is, a fight between a couple that ended in homicide; However, he did not rule out pursuing a hate crime among the lines of investigation, given the threats that Ociel Baena received on social networks.
"We are aware that 'le magistrade' received threats, warnings, insults on his social networks, we are following the approved protocol that obliges us not to rule out any crime that may arise from hate," he indicated.
The prosecutor pointed out that Jesús Ociel had 20 wounds on his body, one of them fatal at the level of the jugular, while Dorian had knife wounds on his fingers.
"This event occurred inside the home, we found blood prints in the bedroom and that is where the aggression began, there were prints on the bed and on the edge of the bed, and they moved in a trickle to the ground floor, On the stairs there are footsteps whose measurement corresponds to Dorian and they are ascending, that is, he already goes up with blood and then goes down (...) 'Le magistrade' had a knife in his left hand and at a certain distance from Dorian there was also another knife,” he explained.
Jesús Figueroa assured that the case will not be closed without having thoroughly investigated how the deaths of Jesús Ociel Baena and Dorian Nieves occurred. He indicated that elements of the prosecutor's office continue working in the house where they died.
“We cannot speak of a shelving regarding this information, it is only the translation of the crime scene that we are making known,” he concluded.
Senate asks the FGR to bring the case
By Leticia Robles de la Rosa
Unanimously, the full Senate asked the FGR to take up the case of the death of Ociel Baena, the first electoral magistrate who identified himself as a non-binary person, for which he was assumed to be a “magistrate.”
The joint Senate Human Rights and Second Legislative Studies Commissions issued a statement demanding a thorough investigation into Baena's death.
It was the Morenista José Antonio Álvarez Lima who reported that moments before, in the Human Rights Commission, he proposed that the FGR take the case.
For her part, the EMECista Patricia Mercado brought to the Senate platform the slogan launched on Monday night in different cities of the country: “crime of passion is a national lie” in defense of the magistrate.
Germán Martínez, from the Plural Group, asked that the Aguascalientes Prosecutor's Office “not be quick” and not rule out any line of investigation.
Emilio Álvarez Icaza agreed that “the investigations have to be carried out by the FGR, Senator Álvarez Lima has stated this. I echo his concern in the Commission on Human Rights and Legislative Studies, a point of agreement was expressed; I think care and neat work is very important.”
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