The case for the death of Melisa Palacios continues stagnant, now for new decisions, among these, of the defendant’s defense María Fernanda Bonillawhich stopped the progress of the process again.
The intermediate stage hearing, in which it should be defined whether the defendants will face trial, It was suspended once more the past March 12, 2025.
The process has had several delays, crime changes and the exit of some judges. Now he took a new turn because the defense decided no longer continue with the procedure for accepting charges.
This also reopened the discussion about the modification in the accusation against Bonillawho at the beginning was prosecuted for murderbut now face charges for Homicide in a state of violent emotion.
Since 2021, when Palacios was located lifeless, the case has failed to move towards a resolution.
https://www.youtube.com/watch?v=ky7e-0pjiwo
What is the current state of the case?
The process is currently in the Intermediate stagea key phase in which It is discussed if the case will advance to trial.
During this stage the indications presented by the Public Ministry (MP) are analyzed and if the judge considers that there is not enough evidence, the case could be filed. If the evidence is overwhelming, the trial will be held.
However, at the last audience, the process suffered a New setback. The defense of the defendants decided retract from the position of acceptance of chargeswhich led to the suspension of the audience.
This action, together with the Appeal filed against the judge of Chiquimula, Juan José Regaladofurther delayed the progress of the case.
The judge’s situation is expected to be resumed soon and resolved first, and the hearing will continue where the case will continue with the qualification of the charges.
Accused is retracting
He November 14, 2024Bonilla requested to accept the position of acceptance of chargesrecognizing his responsibility for the crime of homicide in a state of violent emotion.
This request was submitted as a defense strategy, which aims to speed up the process and obtain a possible reduction in the penalty, since this crime has a less severe sanction than the murder.
The change of crime has generated controversy, since initially Bonilla was prosecuted for murdera more serious crime, with sentences that go from 25 to 50 years in prison.
In contrast, the Homicide committed in a state of violent emotion It is punished with a prison sentence 2 to 8 yearsaccording to him Criminal Codewhich could represent a significant difference in the possible condemnation.
Also read: What is homicide in a state of violent emotion in Guatemala
The lawyer of Institute of the victim, Juan Carlos Aquil, He explained that, because the defendant gave up the procedure, the Judge Juan José Regaladothat he had been handling the case, should not continue to know him, since the process of acceptance of charges implies an agreement that, according to current legislation, prevents the same judge from continuing.
Given this, the victim’s institute considers that to guarantee impartiality, the most appropriate would be for another judge to assume the case.
“A judge who already knows that a person was going to accept charges already has in his mind that idea that he would accept the facts; therefore, his impartiality is compromised.”he said.
Given the revocation of the acceptance of charges, the judge decided that there would be no suspensive effect, which means that at the moment the case could continue to be known within the same court in Chiquimula.
@institutodelavictima ⚖️ #Casomelisapalacios He #Avictima Institute Accompany Melisa Palacios’ family in the search for justice. We reaffirm our commitment to justice: the defendant must be judged by murder, not for homicide in a state of violent emotion. We continue vigilant. #TransparenciaServicio ♬ Original sound – Victim Institute
Challenge to the judge
During the last audience of March 12, 2025Judge Galadado Rivas faced a challenge presented by the Victim Institutewhich argued that there was extermination opinions that committed their impartiality.
Galadado expressed in his defense that he did not have “No interest” In the case and that their actions had not been malicious. He stressed that the delay had not been the fault of the court, but The process had been blocked by the parties involved.
Indicated that the MP He never appealed the reform of the processing car -crime cluster –of Murder to homicide in a state of violent emotion, which had previously modified in a court in Zacapa, from where the case was transferred to Chiquimula.
The judge said that the grades of his role and statements of the Prosecutor’s Office, according to him, were not correct.
The challenge against him was resolved 20 days later by the magistrates of a Appeal Court Roomwho declared it without place, allowing Galado to continue to know the case, which was known last April 2, 2025.
Threat of armed group and statements by Bonilla
During the same audience, An armed group caused tension with protesters who requested justice outside the courtwhich caused even more pressure in an already delayed process.
The National Civil Police (PNC) had to intervene to avoid a brawl, because it is not the first time that happens.
Meanwhile, María Fernanda Bonillathe defendant, He gave statements that caused more media attention to the case.
Before the journalists present, Bonilla declared: “I don’t know what the fear that I, at the time, can obtain freedom if they – Melissa’s family – are aware that my crime is not murder, my crime is homicide in a state of violent emotion.”
https://www.youtube.com/watch?v=wsaxnhppdi4
TRANSFER TO A HIGHER RISK COURT
In parallel, the victim’s institute lawyer explained that, since 2024, The case had been requested to be transferred to an instance of higher risk in the capitalciting the procedural dangers derived from the situation.
However, this request was rejected by the Supreme Court of Justice (CSJ), which argued that the legal qualification of the crime did not justify a transfer.
Despite this refusal, the lawyer said that in the intermediate phase They hope to present new arguments that support the need for transfer, claiming that the accusation for homicide in a state of violent emotion could be incorrect.
In addition, he explained that throughout this process, both the victim’s institute and the MP have insisted that the case requires a more thorough review due to the changes and tensions that have surrounded it among the parties.
The question of Transfer to a higher risk court is still ongoingand Now they are waiting for a new audience to the CSJ to present their argumentsalthough even without a certain date.
Chronology
2021
- July 4: Disappearance of Melisa Palacios; Isabel-Claudina is activated.
- July 5: Melisa’s body found in Aldea Las Palmas, Zacapa.
- July 6: MP finds the first indication: text message before its disappearance.
https://www.youtube.com/watch?v=eqtjj24_ujg
- July 7: Melisa’s funeral in San Jorge, Zacapa; Family members demand justice.
- August 25: Capture of María Fernanda Bonilla and José Luis Marroquín (his bodyguard) in San Lucas, Sacatepéquez.
- September 9: Judge José Maximino Morales González Process League to those accused of murder.
- December 8: Morales González Change the charges to Bonilla for homicide in a state of violent emotion and Moroccan by cover -up.
https://www.youtube.com/watch?v=hg3xbmuxto8
2022
- January 13: José Maximino Morales González It excuses to follow the case after media pressures.
- January 25: Bonilla You have access to mobile phone in jail.
- January 31: Sandra Patricia Mejía Esquivel The case is excused and elevates the Mixed Regional Chamber of Zacapa.
- August 23: Bonilla excuses an audience for the use of mobile in prison for the second time.
2023
- July 5: Two years of the murder are turned.
- September 8: CC protects the judge José Maximino Morales Gonzálezasking for a new deliberation about his immunity.
2024
- November 14: Criminal Chamber of the CSJ rejects transfer of the case to a court of greater risk.
2025
- March 12: Suspended audience after challenging; Bonilla retracts charges.
- April 2: Mixed Appeals Room rejects challenge against judge Juan José Regalado Rivas.
- April 3: CSJ resolves that Criminal Chamber must Evaluate whether the case rises to a higher risk court. A citation is pending so that the MP and the victim’s institute argue the request.
With information from journalists Mayra Sosa, Julio Román, Edwin Pitán, and Rubén Lacán.