based on this, the "alcalde" had zugastegui arrested in the middle of the night, so as to avoid attention. without any judicial process, due to the panic by government authorities out of the political crisis in spain, on 27 march 1809 he was judged guilty of agitating for independence and ordered deported to spain. the judgement was approved by vicetory garibay on 15 april. he was then transported to veracruz, together with the mercedarian friar, melchor de talamantes, the author of the tract for independence which had led to the military coup. when they arrived, they were imprisoned in fort san juan de ulúa to await transport to spain. he fell ill from yellow fever while there and died in the early hours of 3 may.