Cielito Lindo served with a search warrant

Published May 14, 2021 (sp)

Guanajuato police officers broke into the nursing home “Cielito Lindo“, located in San Miguel de Allende, to take away a female intern of American nationality.

In the operation that took place last Saturday afternoon, in which the U.S. Consul in San Miguel Allende, Erika Montes Ruiz, participated, the agents beat and detained the nursing home’s lawyer.

According to testimonies and videos of the events to which REFORMA had access, when the lawyer for the house, Jurguen Beltrán, requested identification from the agents, the agents accused him of hindering the proceedings, detained him and knocked him down to subdue him.

Two agents remained on top of him for 20 seconds until he was immobilized. Beltrán was handcuffed and then imprisoned for 48 hours, accused of trying to impede the operation.

The police officers entered with a search warrant, whose purpose was to verify the conditions of inmate Janet Howey, who, according to a complaint filed by Consul Montes, was being improperly deprived of her liberty.

Howey has been in the asylum for four years and was admitted by her relatives. The inmate suffers from a neurological disorder resulting from a stroke and mild cognitive impairment.

According to nursing home authorities, she was under medical care and being well treated.

The court order, of which REFORMA has a copy, authorized four ministerial agents to intervene in the action, although 12 agents burst in, several of them without masks.

Given that the place is highly vulnerable due to Covid-19, according to his testimony, attorney Beltrán requested that health protocols be respected.

Likewise, upon realizing that the person giving orders to the agents was the U.S. Consul Erika Montes, Beltrán requested that they abide by the search warrant, which only authorized four ministerial agents to carry out the search, and that the diplomat had no authority in the operation, much less to direct it.

The ministerial agents arrived at the asylum shortly before 5:00 p.m. and entered the place without notifying the proceeding. Minutes later, attorney Beltrán arrived at the place and complained to the ministerial agents. “Whom did they notify of the proceeding? The agent in charge, Marco Antonio Guzmán Rayas, said a secretary; however, she denied knowing the document.

“Then we will notify you,” Guzmán Rayas replied to Beltrán. The lawyer agreed and received the document.

“It says here that they are here to corroborate Mrs. Howey’s state of health. And the medical examination?” asked Beltrán.

Guzmán Rayas then pointed to a person in a white coat who smiled: “Heh, heh, heh. I already did the medical exam on the lady.”

Beltrán asked: “In less than ten minutes you did it?

The doctor answered: “Yes, I even took pictures. It’s ready, boss.

The lawyer heard voices in an adjoining room where other agents and a woman were interrogating inmate Howey.

Beltran asked about the presence of the woman interrogating the inmate.

A woman in a white blouse rebuked Beltran: “Licenciado, I am the MP agent. That lady is the U.S. Consul in San Miguel de Allende”.

Beltran said that according to the search warrant that authorized only four people to enter the home, it did not include the Consul.

“No, licenciado. I have broader powers. So withdraw,” replied agent María Heriberta García García.

“I withdraw, if the Consul withdraws,” said the attorney.

Erika Montes turned to look at the lawyer and said: “I am the Consul of the United States and I represent the interests of the American citizens”.

The lawyer interjected. “You may be the Consul; but in this country a warrant is required and you are not included in this warrant,” said Beltran waving the search warrant he held in his hand. “I only ask that you stick to what it says here,” he claimed.

Agent García García shouted: “Consul, don’t answer anything to the lawyer. And leave or I will take you away”, she threatened.

The Consul asked for the inmate’s medications and her medical records. Beltran questioned. “She can’t ask for that information”.

At that moment, Agent Garcia Garcia told the lawyer that this was the last warning and that if he did not leave, he would be arrested. Beltran insisted on why the Consul was participating in the diligence without being authorized.

“She is authorized by us as the Public Prosecutor’s Office.”

Beltran showed the paper: “this is a mere search warrant and does not authorize you” and at that moment Garcia Garcia signaled to two policemen of 1.70 meters tall who rushed at Jurguen Beltran, twenty centimeters taller than them, to detain him. With a wrestling hold they pinned his arm and pushed him to the outside. “Call for backup!” they shouted when they could not move Beltran who outweighed them in weight and height. Reinforcements arrived.