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Two Years After His House Was Shot Up By GSU, Menjivar Gets Off
Mon, September 23, 2013
In May of 2011, it made the headlines all over when the Gang Suppression Unit raided Belmopan businessman Mike Menjivar's home.

It was hugely controversial because the GSU let off with over 100 bullets on the home; they said that Menjivar fired at them first.

Menjivar, his pregnant wife, their 3 children, and their maid were sleeping inside their home, and said that they thought it was an armed assault conducted by bandits dressed in police uniforms.

So, after all that gunfire, and over 13 hours of searching, nothing incriminating was found, and Menjivar was charged with 9 counts of attempted murder, and he was jailed until his attorney could secure bail.

That was over 2 year ago, and today, Justice Denis Hanomansingh handed down his decision after hearing the trial without Jury. Daniel Ortiz was there when that ruling was given:

Daniel Ortiz reporting
Businessman Miguel Menjivar exited the Belmopan Supreme Court today a free man, after spending two years as the accused - in a case brought against him by the Gang Suppression Unit.

Although he's been exonerated in court, he's had to endure quite a lot due to the GSU.

Miguel Menjivar - Acquitted of Attempted Murder
" I personally know my innocence from day one when this happened. They also knew they were wrong from the beginning. They should admit that they were wrong and apologize and try to get over this case in a couple of weeks because they prove that they were wrong from day one."

Iliana Chacon -Wife Of Miguel Menjivar
"This almost destroyed my family because I was pregnant and when I came out of prison I was so traumatized that I spent 4 months of y pregnancy sleeping here at this place; sleeping on the floor, taking shower in the public restroom after we close. I couldn't go to my house after 4-5 months."

But he and his family may be waiting for something which may never come because the commander of the GSU insisted that the raid conducted on the Menjivar family home on May 20, 2011 was done professionally and with restraint.

File: May 20, 2011
Marco Vidal, Commander - GSU

"At the time of arrival the themes knock on the door and inform the occupants that it is the police and immediately thereafter shots were fired from inside the house towards the officers. Immediately our officers took cover and the officers continue to say that it is the police even though shots continue to fire. They didn't responded, I must say that the unit exercise a lot of restraint because we are aware that there are other occupants including children inside the house, so for that reason there was a lot of suppression fire hoping that the person would eventually just surrender."

That suppression fire amounted to over a hundred rounds - the memory of which still elicits anger in this family:

Miguel Menjivar - Acquitted of Attempted Murder
"They took advantage of all of our family rights. They abused my property and they put the maximum injustice on my family in this case that they put to me."

"What they did to me; they want to accuse me of a drug dealer without investigating me - they almost kill my family in my house. They could come to my place because they knew what time I close my business but they waited until I was asleep and they start to break my door and shoot all over my house without telling what is going on. They show no police vehicle lights, they show me no papers. They just broke into my house. They shoot all over my house. My kids slept in different rooms and they didn't care how many people lived in that house. Only because God looked over us - we are all alive. I don't know how we survive. I don't know how my children weren't killed when they were running all over the house."

"I would like them to feel what I felt that night. How will they feel if someone go to their house and do the same thing with their family?"

Dickey Bradley - Attorney for Miguel Menjivar
"The judge asked all of them who came 'did you bring any bullhorn, did you have flashing lights or anything to indicate to the people inside the house that you are law abiding citizens?'"

"They themselves when they were questioned admitted that people in this area in the Cayo jurisdiction have had the experience of bandits putting on military uniform: khaki, green, whatever it is to invade the privacy of their home."

"You don't just open your house because somebody supposedly have on some kind of military thing."

Arthur Saldivar - Attorney for Miguel Menjivar
"They went full force to vilify an innocent man in the eyes of the nation - to have the nation believe that this person had reason to want to hurt them. When in truth that in fact all he was doing is what any of us in that position with a family to protect would have done if we had a firearm."

"It is not usual for the "thin blue line to be crossed" where police officers speak against other police officers. It is unusual in that regard, but what is also unusual is the level of professionalism with which her discharge his function in detailing every aspect of the calls that came in to her that morning; 4 calls."

And while Menjivar said that he fired warning shots not aimed at any one, he was charged 9 counts of attempted murder, each of which carries a penalty of life in prison.

Justice Hanomansingh thought however that the charges had no substance whatsoever, and he acquitted Menjivar of every single one.

But that is little comfort to the family who depend on Menjivar's reputation to survive.

Arthur Saldivar - Attorney for Miguel Menjivar
"The reputation of this man was totally destroyed by the act of the authorities in bringing forward this baseless accusation. His business has been totally disrupted and destroyed, not being able to meet even basic payroll obligations because of what was done to him by the state."

"We are here right now to celebrate yes the landmark ruling, but there is not much cause for celebration when we consider the loss. As you all know in the media, the biggest part of every story is the beginning. Really is it ever that the end result is of any importance because the public's mind had already been formed one way or the other and they don't change easily."

Miguel Menjivar - Acquitted of Attempted Murder
"The last deposit that I remember doing for my business was the week before the police came and destroy my family and my business. Since then I haven't put one dollar in the banks. Both bank accounts are closed. They spoiled both my business and my reputation that people disappear from my place. Look at this place now. I've been trying to keep in open since then, but bills, bills and no business - they destroyed my business. They destroyed my family, my feelings, my rights and they finish with my business."

"Waiting for this case to finish had been long and hard."

Menjivar spoke to 7News from behind bars 5 days after he was arrested, and he made the dramatic pronouncement that he intended to sue the Government of Belize for this incident, but it seems that he's changed position on that. Due to the length of time it has taken to get his acquittal, when we asked him if he still intends to sue, he told us that he's tired of court hearings, and would rather just move on with his life. He told us that he wants to sell his business, La Cabana, and his home where the May 2011 incident occurred. According to the Menjivar family, their children have been traumatized, and they haven't been able to sleep comfortably ever since. Menjivar is also anxiously waiting and hoping that the Director of Public Prosecutions will not move to appeal the acquittal. Up to news time, we've been unable to reach Cheryl-Lynn Vidal for comment on that issue.

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