The Criminal Chamber of the Supreme Court (TS) has condemned 16 years in prison for a crime of homicide with the aggravating abuse of superiority in competition with a crime of belonging to Criminal Organization to David BG by The death of rapper Isaac Ltoccurred on July 14, 2021 in a tunnel in the Pacific neighborhood of Madrid.
The judgment confirms the decision of the Superior Court of Justice of Madrid (TSJM), which considered that the facts They could not be qualified as a crime of murder by not attending the aggravating circumstance of alevosía. In addition, it reduces the penalty imposed by this body from 20 to 16 years in prison when estimating that the aggravating criminal organization cannot be applied to the crime of homicide, since the linkage of the author’s belonging to the Dominican band is not proven Don’s play with the homicidal action.
Thus, the room imposes separate penalties for the crime of homicide (14 years) and for that of belonging to criminal organization (two years).
The TSJ of Madrid condemned David BG for a crime of homicide to 20 years in prison and revoked permanent prison sentence that an initially imposed a jury court of the Provincial Court of Madrid for a crime of murder when appreciating the existence of alevosía. In addition, the payment of compensation of 175,000 and 50,000 euros was imposed on the mother and the deceased’s sister.
According to the proven facts, David BG, accompanied by three well -known minors, crossed casual with Isaac and ran behind him with the intention of confronting him. The rapper got into a tunnel And, once there, he wanted to jump the fence that separates the sidewalk from the road to try to avoid his persecutors. However, he stumbled and fell to the ground, at which time he was reached by the defendant and his companions.
He stuck on his back up to four times a razor that carried with himwhich caused injuries that caused death immediately. When these facts occurred, David BG was an active member of the Dominican Band Don’s Play. Specifically, he participated in the activities of the choir (territorial grouping of this Latin band) of ambassadors, to acquire weapons for the choir, charging quotas from its members and participating in violent actions against members of rival bands.
The family claimed in their resource that The condemnation of revisable permanent prison was restored for a crime of murder when considering that alevosía attended. However, the Supreme Court points out that the TSJ of Madrid has carried out a “precise and sufficient motivation” about the inadmissibility of considering the alevosía concurrent.
Neither arbitrary nor irrational
«There is no stretch of arbitrariness or irrationality in the arguments used by the Court of Appeal. He considered that the court of instance had not valued some evidence that excluded an aggression when the victim was on the ground and totally defenseless and that this omission was relevant for the assessment of the facts. The change of qualification has been the product of probative assessment criteria reasonable and oblivious to criteria of pure arbitrariness», The magistrates underline.
For his part, the convicted person claimed the withdrawal of the aggravation of criminal organization. The room is right at this point and clarifies that to apply such aggravation it is necessary not only that the author belongs to an organization or group, as in this case, but the crime has some causal relationship with the activities of the group.
He adds that in the proven facts of the contested judgment it is declared that, «when these facts were produced, David B. He was an active member of the Dominican Dont’Play bandby actively participating in the activities of the ambassadors choir, acquiring weapons for the choir, charging their quotas and participating in violent actions against members of rival bands ». However, “it is not declared, however, that the homicide will be perpetrated within the framework of those violent actions.” “If we go to the legal foundation of the sentence (FJ 2, II), it can be noted that the application of the aggravating man had the mere belonging to the organization, without linking in any way that belonging with the realization of the homicide,” Add the document.
The room does confirm The existence of the aggravating abuse of superiorityquestioned by the condemned in his appeal, and explains that in this case there was “that disproportion of forces.” «It significantly limited the defense possibilities of the deceased, who was persecuted by several attackers and, when their possibilities of flight ended up having been achieved by their persecutors, He was mortally assaulted In the back with a razor, without the record, he would defend himself with another instrument of similar characteristics, ”he adds.
On the other hand, the reason for the family appeal estimates in which he stated that the defendant’s belonging to the Dominican Dont’Play criminal organization had to sanction autonomously as an independent crime and not as an aggravation of the crime of homicide.
Likewise, it also agrees, at the request of the deceased’s family, the withdrawal of the damage to repair the damage that the instance and appealed sentences appreciated, based on the fact that the defendant delivered 12,150 euros for the payment of civil responsibilities, he voluntarily requested to submit to a mediation process at the Bar Association and apologized to the victim at the trial.
«Neither the amount delivered, nor the beginning of the mediation process not followed by an agreement nor the public expression of forgiveness at the time of the trial or the performance of accompaniments to person with disabilities in the prison are acts that acts that acts that justify the appreciation of the attenuator of repair of the damagewhich is why the estimation of the appeal proceeds, ”says the court.
To quantify the 14 -year penalty for the crime of homicide, the Chamber explains that it takes into account «The severity of the factattended the young age of the victim and the brutality of the attack, without any circumstance that can explain it ». As for the crime of belonging to criminal organization, it emphasizes that, “given the implication in the defendant, which had among its functions the purchase of weapons and carry out violent acts against rival bands,” corresponds the penalty of two years of prison.
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