The Superior Court of Justice of the Basque Country has increased from seven and a half to ten years in prison the sentence imposed on a man for trying to kill another whom he had met through a dating application in Bilbao, as reported this Friday by the Power of attorney. The decision, which partially revokes a ruling from the Bizkaia Court of November 2023, agrees to an increase in the sentence because the magistrates understand that the defendant acted with treachery and do not see it as “proven” that the “antisocial personality disorder” that He admitted that it made him lose his will, “even slightly.” The Superior Court of the Basque Country has partially heard the appeal of the LGTBI+ Gehitu association, appearing as a popular accusation, and has gone from convicting him of attempted murder to convicting him of attempted murder.
The defendant in this case, Nelson David MB, 26, is being investigated for the deaths of five other men, which were initially considered natural deaths, and for two attempted homicides. The last of these attempts, committed in December 2021, was the one that led to his arrest and his first trial. During the hearing, Nelson David MB maintained that he attacked his victim “on impulse” and that at that time he was part of a gang that was dedicated to tricking the victims into extracting money from their bank cards and dividing the money through automatic transfers. by Bizum. The LGTBI + Gehitu association demanded that he be sentenced to 17 years and 11 months in prison and the Prosecutor's Office requested a sentence of nine years in prison.
The Bizkaia Court declared it proven that he met the victim through a contact application and that they had a first date on December 15, 2021. Two days later, on December 17, they met again at the victim's house and, While they were on the couch, the accused, “unexpectedly” and “guided with the intention of ending the life” of the other man, tried to suffocate him. The court recognized that he could have killed him and considered it aggravating that he had taken advantage of the circumstances in which they were (in the middle of a date), but did not understand that there had been treachery, something necessary for it to be considered an attempted murder.
The Superior Court of the Basque Country specifies that the fact that the victim had managed to escape from the aggressor when the attack was committed does not eliminate the “initial betrayal” of the accused, since he took advantage of the “climate of familiarity” and “trust” that There was between them to, “unexpectedly,” press on the victim's neck when he could not defend himself. The resolution also includes jurisprudence of the Supreme Court which indicates that treachery can be considered to exist when the victim's ability to defend himself is nullified, but also when it is made difficult.
The superior court adds that the mitigation of psychological anomaly that the Biscayan Court applied cannot be granted because it was not proven that the “antisocial personality disorder” and the abusive consumption of toxic substances have an effect on his imputability. “The simple and generic expression that the accused had a personality disorder and [era] drug user, without further specifications and nuances” does not allow us to affirm that “he lacked willpower, even in a slight way,” is added in the resolution, which emphasizes that there is “no connection” between this personality disorder and the crime against life committed.
The resolution rejects, as the trial court also did, the aggravating factor that Gehitu requested because it considered that Nelson David MB had a discriminatory motivation due to the victim's sexual orientation or identity. “Neither from the dynamics of the commission, nor from the circumstances before and after the events, is there any information indicative that the accused acted guided by said intolerable discriminatory spirit,” states the superior court, which also rejects all the grounds of appeal presented. for the defense of the accused.
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Since Nelson David MB's arrest, the courts have reopened two cases in which he is implicated. The most recent, agreed this January, investigates the death of a man in October 2021. In September 2023, the Bizkaia Court also agreed to reopen the case for the death of another man in September 2021.
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