The sentence of the Ciudad Real bookseller who killed a man who broke into his property was reduced from six years to nine months

The Superior Court of Justice of Castile-La Mancha (TSJCM) has agreed reduce José Lomas’ sentence to nine months and four days in prison, the 82-year-old bookseller who He killed a man who broke into his home to rob himsentenced in the first instance to six years and three months in prison.

In its appeal ruling, the Civil and Criminal Chamber of the TSJCM also reduces compensation for the victim’s relativesa man with a criminal record for heist that, in the early morning of August 1, 2021, he broke into a property in the province of Royal Cityproperty of the convicted man, who shot him twice with a shotgun.

In the first instance, the Provincial Court of Ciudad Real had imposed compensation of 48,000 euros on each parent and 19,000 on each brother, but now You must pay 20,000 and 5,000 euros to the victim’s parents and a total of 9,000 euros to his siblings. The ruling modifies the civil liability of Lomas with respect to the family of the deceased “based on the lack of connection with the same and also the guilty conduct of the victim for his illegitimate and criminal entry into the property.”

The TSJCLM Yes, it has absolved the insurer of direct civil liability Mapfre España, which covered the hunting weapon that the convicted man used against the victim. In the text it is detailed that the insurer is absolved of the payment of any compensation “because the shotgun was used by the convicted person outside the coverage for hunting activity for which the weapon was insured.”

In its ruling, the TSJCLM Chamber partially considers the self-defense due to viable error, since it understands that The convicted person acted in the face of an illegitimate and criminal entry on his property, although he considers that “the defense he used, firing two shots at the victim, was disproportionate.”

Along with the self-defense due to viable error, the Chamber confirms the incomplete defense of mental disorder and the mitigating defense by confession established in the first instance by the jury court, and finally reduces prison sentence to six years and three months to nine months and four days. The sentence is not final and an appeal is possible before the Supreme Court.