Saturday, January 14, 2017

Don Neto Fonseca ordered to pay famillies of Kiki Camarena smf and his pilot Twenty Million pesos

Posted by DD from material from  Borderland Beat Archives   Milenio and Mexico News Daily

   By order of a federal judge, Ernesto Fonseca Carrillo, Don Neto, a founder of the Guadalajara cartel, must pay a compensation of 20 million 810 thousand pesos ( close to US $970,000) to relatives of the DEA agent, Enrique Kiki Camarena Salazar, and the relatives of his  pilot,  Alfredo Zavala.  

Foncseca had been convicted by a Mexican court for the 1985 kidnapping and murder of Camarena and  Zavala and was sentenced to 40 years in prison. but was released due to his advanced age and various illnesses  last July  under house arrest at his home in an exclusive gated community in Atizapán de Zaragoza in the State of Mé serve out the remaining 9 years of his sentence.  .  

Drug Trafficker  Rafael Caro Quintero.was also convicted of the same crime but a Federal Judge ruled in an amparo ( a procedure unique to Mexican law similar to a injunction in US) that t Caro had been tried and convicted in a Federal Court and the crimes were state crimes that should have been tried in a state court.  He was released  the next day at 4:30 the next morning.  The govt appealed the amparo ruling and it was overturned and a warrant for his arrest was issued but Caro was long gone and no one has seen him since. He is considered a fugitive from the law.  

Miguel Ángel Félix Gallardo was also given 40 years. He remains behind bars in the Altiplano prison.

But back to Don Neto's current problems.

The Fourth District Court of Federal Criminal Proceedings in the State of Jalisco determined that the capo  must cover the total amount of the "integral reparation" of the damage, since he had been found  guilty of abduction and murder.

 Melenio reported that "the Federal Judiciary Council reported that the ruling was based on the jurisprudence of the Supreme Court of Justice of the Nation, as well as the Inter-American Court of Human Rights. It was also based on international norms and treaties signed by Mexico. 

"The judge's judgment points out the right of the victim to receive 'fair compensation', because this is the only way to achieve the fundamental objectives of social compensation. 

 " 'In imposing such a measure,' adds the ruling, 'victims may find that the damages that were caused to them also have adverse consequences for those responsible|"

Mexico News Daily reported that the judge said "The court determined that given Carrillo’s “elevated” economic capacity, the serious violation of the rights of the victims’ rights and his high level of responsibility, “the compensation must be equally severe.”

According to Mexico News Daily the judge ordered that 10 million pesos had to be paid within five days to Camarena’s son and a similar amount to Zavala’s wife and five children