Failure to Render Aid in the Querencia Los Cabos Case: Why It Was Investigated and What a Prosecutor's Decision Closed
After a 5-year-old girl was thrown from a golf cart at Querencia Los Cabos on March 25, 2025, Baja California Sur prosecutors opened an investigation including failure to render aid. According to a statement in the investigation file, after being thrown she was struck by Querencia's truck, which weighs more than 500 kilograms (over 1,100 pounds). Police received no alert from the scene; the authorities heard of it through the hospital, not Querencia staff. According to a decision dated February 11, 2026, and its authorization, a state prosecutor decided not to prosecute that offense and two others as to four parties. They were the driver and the club's doctor, both under investigation, and two Querencia companies; the decision did pursue prosecution of the driver for two other offenses, unintentional bodily injury and property damage. According to the transcription of the ruling, a pretrial judge revoked that decision on September 23, 2026, because it was not properly grounded or reasoned, and ordered the investigation to continue. In the same ruling, the judge considered that not prosecuting was warranted as to the companies.
Why failure to render aid is under investigation
In Mexico, state prosecutors (Ministerio Público) investigate crimes and decide what goes before a judge. The Baja California Sur State Attorney General's Office (Procuraduría General de Justicia del Estado de Baja California Sur) opened an investigation file (carpeta de investigación), its written record of the inquiry.
The file was opened for four offenses: unintentional bodily injury (lesiones culposas), failure to render aid (omisión de auxilio), property damage (daños) and failure to file a medical report (omisión de informe médico).
Under Mexican law, failing to help a person who is hurt or in danger can be an offense; failure to file a medical report means not giving authorities medical notice of injuries.
See why the investigation was opened.
What the record shows about alerting authorities from the scene
Police received no alert from the scene.
At 12:54 p.m., municipal police took a report from the hospital through C2, the municipal command and monitoring center. According to a report of the prosecutors' traffic-offenses unit dated March 27, 2025, municipal traffic police "had not received a report of this incident" (translated from Spanish) when that C2 report came in.
The authorities' source was the hospital, not Querencia staff: Hospital H+ Los Cabos timed its notice to state prosecutors at 12:20 p.m., separately from the C2 report.
According to a statement in the investigation file, no one on Querencia's staff called 911 or any emergency service.
What the decision not to prosecute said about it
A decision not to prosecute (no ejercicio de la acción penal) is how Mexican prosecutors formally decline to bring specific conduct to court.
According to the decision, dated February 11, 2026, and its authorization, it proposed not prosecuting, on the ground that the conduct did not fit the legal definition of the offenses (atipicidad), in favor of Querencia Real Estate, S. de R.L. de C.V., Querencia Golf Club, S. de R.L. de C.V., and the club doctor, José Luis Sánchez Musi, who is under investigation, for failure to render aid (omisión de auxilio), failure to file a medical report (omisión de informe médico) and concealment (encubrimiento). According to those documents, the same applied to the driver, who is under investigation.
It did pursue prosecution of the driver for unintentional bodily injury and property damage.
What it closed was the path to a judge for those three offenses, as to those four parties.
According to its authorization, dated February 13, 2026, the approval was for "not prosecuting, because the conduct did not fit the definition of the offense," given "on the same terms proposed" (both translated from Spanish).
A pretrial judge oversees the investigation stage, before any trial. According to the transcription of the ruling, on September 23, 2026, a pretrial judge (Juez de Control) in Los Cabos revoked a prosecutor's decision not to prosecute specific offenses, dated February 11, 2026, and authorized on February 13, because it was not properly grounded or reasoned, and ordered the investigation to continue. In the same ruling, the judge considered that not prosecuting was warranted as to the companies (personas morales).
Prosecutors may issue a new, properly grounded and reasoned decision. See the decision not to prosecute.
Article 16 of Mexico's Constitution requires every act of authority to state its legal basis and its reasons. A decision on failure to render aid that, according to the transcription of the ruling, was not properly grounded or reasoned is not due process. In the same ruling, the judge considered that not prosecuting was warranted as to the companies (personas morales).
Key questions
What is failure to render aid in the Querencia Los Cabos case?
It is the offense of not helping someone hurt or in danger (omisión de auxilio). Prosecutors opened the investigation file for it and three other offenses after the March 25, 2025 accident.
Were police alerted from the scene of the Querencia Los Cabos accident?
Police received no alert from the scene. Hospital H+ Los Cabos, not Querencia staff, informed the authorities, with a notice to state prosecutors timed 12:20 p.m. on March 25, 2025. According to a statement in the investigation file, no one on Querencia's staff called 911 or any emergency service.
What did the pretrial judge decide about not prosecuting failure to render aid in the Querencia Los Cabos case?
According to the transcription of the ruling, on September 23, 2026, a pretrial judge revoked it because it was not properly grounded or reasoned, and ordered the investigation to continue. In the same ruling, the judge considered that not prosecuting was warranted as to the companies (personas morales). Prosecutors may issue a new one, properly grounded and reasoned.
Keep reading
The Querencia Los Cabos criminal case
An accident inside a private development
This page will be updated when the next step in the case is on record.