The Provincial Court of Madrid has sentenced a man accused of killing his partner in an apartment in April 2023 to six years in prison. Vallecas Bridge in the course of a ritual when the court found an incomplete defense due to psychological alteration as the aggressor suffered a psychotic disorder at the time of the events due to drug consumption.
This is stated in a sentence, to which Europa Press had access, in which the magistrates punished Gustavo Daniel O. for the crime of murder with the aforementioned incomplete defense of anomaly or psychic alteration. In addition, ten years of supervised release is imposed as a measure once he is released.
The crime was committed after the defendant had ingested toxic substances in an apartment in Puente de Vallecas and in the course of an alleged ritual, a fact that he denied at trial. That same day, the accused recorded and spread a video on social networks in which he showed a painting with the image of Jesus Christ and said “I’m very sorry.”
The lawyer Alberto Ruiz de Alegría García values that the sentence was six years in prison, in response to the accusations’ requests, although he considers that a collegiate body in front of the Popular Jury would have established, most likely, “complete annulment of the volitional powers ».
But in this case, despite the fact that the coroner stated exactly that at the trial, that is, that they were annulled, it has been considered proven exclusively that they were “very noticeably impaired.”
The defense believes that “there is a context in which an annulment of the procedure can be requested with a repeat trial” and will appeal the ruling considering that a complete defense could have been applied to the forensic reports.
In the resolution, the magistrates state in response to the prosecutor’s request that he be admitted to a psychiatric hospital that “there is no reason” to affirm such a need. «The episode was punctual, induced by toxinsand does not require continued medication or measures that require confinement in a closed center, except for medical control in prison,” says the Chamber.
In the forensic examinations, the forensic experts certified that the accused suffered a psychotic disorder, probably due to the consumption of narcotics, while the National Police agents who went to the home confirmed that he was completely gone with a crucifix in his hands that he made with sticks and a image of Jesus.
Loss of consciousness
In his statement, Gustavo said that at the time of the events he lost consciousness and did not remember anything of what happened, pointing out that he had never attacked him before nor had he wished for his death.
The aggressor reported that he had a romantic relationship with the deceased between 2019 and 2021. At the time of the events, April 2023, they were no longer a couple although they lived under the same breast. At that time, I used smoked methamphetamine and some ketamine.
The accused, who attempted suicide two months ago, denied that he liked esotericism and magic, something that, he said, did attract the victim and her family. At the crime scene, the Police found salt scattered on the ground and a book of rituals.
On the night of April 1 to 2, he used methamphetamine and was in the house. His ex-partner had gone out and arrived at the apartment around six in the morning. «I was in the kitchen and I found a book of rituals behind a painting and I got angry. “I argued with him like so many times and he asked me not to leave home,” he explained.
At a certain point in the night and after having a coffee, he began to feel bad and could not feel his hands. “I lost consciousness and I no longer remember anything,” he said, without remembering having attacked him. “I never wished for his death,” he said.
He regained consciousness days later when he was admitted to a psychiatric unit of a Madrid hospital, having knowledge of the events already in the Soto del Real prison.
Up to 100 injuries
The experts detailed that in total he caused up to 71 injuries, 14 blunt injuries, 3 incised injuries, 30 puncture injuries, 22 incised sharp injuries and 2 other types of injuries, “which caused him unnecessary suffering.” There were only three defensive injuries, which reinforces the legal classification of a crime of murder and not homicide.
The prosecutor maintains that the crime was committed during a psychotic disorder due to drug intake. The defendant, with obvious symptoms of being under the influence of drugs, was arrested on the same floor for the crime of homicide in the area of gender violence and transferred to the Tetuán police station.
In his letter, the prosecutor requested fourteen years in prison for a crime of murder with the aggravating circumstance of kinship and an incomplete defense for mental alteration. The defense requested a complete defense that would exempt him from criminal responsibility, so he will now appeal the sentence.
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