Querencia Golf Club Accident Case: What Prosecutors and a Pretrial Judge in Mexico Have Done Since March 2025

How Mexico's criminal process has handled the case over a March 25, 2025 golf cart crash in San José del Cabo, and where Querencia Golf Club appears in it.

Vox Populi Staff

Organ pipe cacti on a rocky hillside under an overcast sky in southern Baja California

On March 25, 2025, a golf cart on Boulevard Querencia, in San José del Cabo, Baja California Sur, Mexico, was rear-ended by a truck bearing Querencia markings, and a 5-year-old girl aboard was thrown out. According to a statement in the investigation file (carpeta de investigación), she was then struck by Querencia's truck, which weighs more than 500 kilograms (over 1,100 pounds). In the Querencia Golf Club accident case that followed, a prosecutors' decision dated February 11, 2026, listed Querencia Golf Club among four parties it proposed not to prosecute for three offenses, while pursuing prosecution of the driver, who is under investigation, for two others. According to the transcription of the ruling, on September 23, 2026, a pretrial judge revoked it. In the same ruling, the judge considered that not prosecuting was warranted as to the companies.

The crash

The truck struck the cart's rear at about 10:15 a.m. The driver, who is under investigation, told a state investigator on March 26, 2025: "I got distracted for a few seconds looking down and could no longer avoid it" (translated from Spanish).

The medical records list, among other diagnoses, pediatric polytrauma, blunt chest trauma, pulmonary contusion and laceration, and pneumothorax; the prognosis was guarded. Her discharge order dates her hospital stay from March 25 to 28, 2025.

The authorities learned of the crash through Hospital H+ Los Cabos, not from Querencia's staff; its notice is timed 12:20 p.m.

Who investigates: state prosecutors

In Mexico, the Ministerio Público, or state prosecutors, is the authority that investigates crimes and decides whether to take a case to a judge. The Baja California Sur State Attorney General's Office (Procuraduría) opened the investigation file 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).

On its website, qcabo.com, Querencia presents itself as "Querencia Private Golf & Beach Club in Los Cabos" (accessed October 8, 2026). That day, the same site placed the development at Fraccionamiento Querencia, Carretera Transpeninsular km 27.5, Palmilla, San José del Cabo, Baja California Sur.

What Querencia Real Estate told prosecutors

Querencia Real Estate, S. de R.L. de C.V. (a Mexican type of limited-liability company, roughly comparable to a U.S. LLC), is another company in the investigation file. Prosecutors sent it an oficio, a formal written request, on January 29, 2026.

Querencia Real Estate filed its written response on February 4, 2026, almost 11 months after the accident, signed by its attorney, Francisco Javier Troncoso Valle. Among other points, it stated that the golf cart "was rear-ended by the Querencia truck, which caused a minor to be thrown from the golf cart" and that the minor "was taken to a hospital to rule out any injury that could result from the traffic incident" (translated from Spanish).

The response also offered the truck for inspection, saying it "is in operation within the Querencia development" (translated from Spanish). The development's security chief informed an investigator that a tow truck had hauled it to a body shop moments after the accident, according to the police report. According to a statement in the investigation file, that move "makes it impossible to carry out any further investigative act" (translated from Spanish).

The decision not to prosecute

A decision not to prosecute (no ejercicio de la acción penal) is a prosecutors' decision not to bring a case before a judge.

According to the decision, dated February 11, 2026, and its authorization, a state prosecutor 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, Querencia Golf Club, S. de R.L. de C.V., the club doctor, José Luis Sánchez Musi, who is under investigation, and the driver, also under investigation, for failure to render aid, failure to file a medical report and concealment (encubrimiento). Against the driver, the decision did pursue prosecution for unintentional bodily injury and property damage.

On the companies (personas morales), the decision, dated February 11, 2026, read: "Any liability that may arise is civil or administrative in nature, not criminal, since no direct intervention fitting the definition of an offense was established" (translated from Spanish).

On July 15, 2026, court records show, prosecutors requested a charging hearing, which is not a trial, before a pretrial judge (Juez de Control), who oversees the investigation stage. The request named three parties: Querencia Construcciones, S. de R.L. de C.V., the driver and the club doctor, the last two under investigation. Querencia Golf Club is not among them.

What the pretrial judge did

An audiencia de control is a hearing before that judge to review a decision not to prosecute. 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. It also let prosecutors issue a new, properly grounded and reasoned decision.

Mexico's Constitution, in Article 16, obliges any authority to ground each act in a specific law and to explain its reasoning. Issuing this decision without meeting that requirement, in an investigation that began with a 5-year-old girl thrown from a golf cart, was not due process: it was an injustice by the State Attorney General's Office.

The two officials who issued and authorized that decision have been named in a criminal complaint filed with the authorities, a formal report of possible crimes; according to the complaint, the alleged offenses include denial of justice.

The full record of the Querencia Los Cabos case sets out each documented step.

More in this series