The Kena Case Falls To The FGR; Judge Ordered No Prosecution

Mica for cartelinsider.com

Everything indicates that José Alberto García Vilano, alias “La Kena,” one of the leaders of the Gulf Cartel, was released after the General Prosecutor’s Office (FGR) made mistakes in the judicial process, according to arguments given by Crescencio Contreras Martínez, specialized district judge in the Accusatory Criminal Justice System in the state of Tamaulipas.

Kena, who was considered a top priority target for federal and state authorities in Tamaulipas, was captured on January 18th inside a department store in the municipality of San Pedro Garza Garcia, Nuevo Leon, in a joint operation by the Secretariat of the Navy (Semar) and agents from the General Prosecutor’s Office of that state.

After his arrest, the leader of the Scorpion Group or Los Ciclones was transferred during the early morning of January 20th to the Federal Center for Social Rehabilitation No. 1, better known as El Altiplano, located in the municipality of Almoloya de Juárez in the State of Mexico.

In this place, García Vilano was placed at the disposal of a federal judge in Tamaulipas, for the crimes of organized crime, against health, and possession of a firearm exclusively used by the Armed Forces. Prior to his transfer, the Prosecutor’s Office of Nuevo León stated that they carried out two raids at houses in two municipalities of the state, although it was later reported that there were three.

“Positive for the assurance of a dose of green plant with characteristics compatible with the drug known as marijuana and objects that materialize the crime against health (drug dealing),” reported the Nuevo León Prosecutor’s Office at the time.

Until that moment, the details of the legal process against Kena were unknown. However, the Secretariat of the Interior (Segob) reported on January 30 that the Government of Mexico presented a political impeachment complaint before the Chamber of Deputies of the H. Congress of the Union against Crescencio Contreras Martínez, for allegedly favoring members of criminal groups operating in the northern border of the country.

There are a series of elements that suggest that the determinations of the District judge are not in line with constitutional and legal principles, as he has held criteria that allowed the release of individuals responsible for violence against the public interest,” the statement reads.

According to the Segob, the complaint submitted to legislators highlights “the release of individuals belonging to the criminal group allegedly linked to the recent kidnapping of 31 migrants in Tamaulipas, as well as other acts related to organized crime such as the trafficking of fentanyl, the possession of firearms exclusively for the Army’s use, and bribery”.

The request from the Ministry of the Interior is based on the argument that the release of La Kena was unfounded. However, through the National Association of Circuit Judges and District Judges (JUFED), Contreras has explained the reasons that, according to him, justified his decision.

He added that during one of the aforementioned raids, 2 long firearms and 257.8 grams of cocaine hydrochloride were found, as well as a driver’s license in the name of “the person in question”, therefore an arrest warrant was issued.

At the initial hearing, held on the afternoon of January 20th, the defense of La Kena argued that they had not been in communication with their client, while also requesting to review the investigation file of the Attorney General’s Office, as it had been denied by the Federal Public Prosecutor.

Meanwhile, the Attorney General’s Office (FGR) has only charged for the crimes committed during the raid: organized crime with the purpose of assisting in the commission of drug-related crimes, specifically in the form of trade and sale; as well as possession of firearms that are exclusive to the Army, Navy, and Air Force.

The initial hearing was suspended after Kena invoked the constitutional deadline of 144 hours to resolve her legal situation, so the process was resumed until Thursday, January 25th.

After the debate that arose between the parties, it was estimated that the requirements provided for in Article 316 of the National Code of Criminal Procedures were not met, so a non-linkage ruling was issued in favor of the defendant”, reads the statement from JUFED.

The Attorney General’s Office of the Republic (FGR), the judge pointed out, only presented one piece of evidence against García Vilano; a fake permit which, in his opinion, was not enough to support the accusation, while also failing to prove that the searched property belonged to La Kena.

“They only had one piece of evidence against him, a fake license,” asserted Contreras, detailing the main mistake that, in his opinion, the FGR committed during the process against La Kena.

The Ministry of the Interior and the FGR have not yet publicly responded to the explanations provided by Contreras regarding the lack of evidence.

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Mica

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