The Court dismisses the appeal of the family of the deceased against the local police and civil guards who attended the incident
The third section of the Provincial Court of Murcia confirmed on Thursday the order of the court of First Instance and Instruction number 1 of Jumilla that filed the procedure against the three local police officers and two Civil Guard agents who intervened in a fight that occurred in the aforementioned municipality in May 2021, in which a young man was killed after receiving several stab wounds.
The Chamber dismisses the appeal filed by the family of the deceased, denying that the circumstances exist that “justify the imputation to the aforementioned agents of a crime of reckless homicide by omission and, consequently, the intermediate phase of the criminal procedure is opened against them”. There is no appeal against this resolution.
The magistrates understand that the defendants maintained a certain position of guarantor regarding the safety of the victim and of all those who participated in the altercation, “but, in view of the context and the way in which it develops, valued at the circumstantial level, There is no evidence that the tragic result was foreseeable for those who omitted, nor that they did not act with sufficient diligence by omitting an action that, at a hypothetical level, would have prevented it.
After reviewing numerous judgments of the Supreme Court on the requirements for applying the omission clause to the crime of reckless homicide, and applying the aforementioned jurisprudence to the current case, they confirmed the appealed resolution. «The images show a committed action by all the police officers, who on many occasions struggle with the attackers at risk to their physical integrity, which due to the speed, tension and seriousness of the events, especially the violence and persistent aggressiveness displayed by them, do not they could not coordinate or propose a joint defense and protection strategy because the aggressors acted scattered and the police did the only thing they could do, divide up to control them »and, at the same time, the sentence continues, they tried to protect the girl and the deceased , “who repeatedly challenges and enters into the brawl, further harming their very complicated work, aggravated by other unidentified people who rebuke them.”
From the point of view of this court, the magistrates insist, “they did everything that was reasonably within their power in a sensible exercise of the authority with which they were invested and the force they could deploy.” And, based on the recorded images, they show that the deceased “escaped the protection that the agents, as a main priority, gave him.” Concluding that the use of weapons would have been, as the agents argue in opposing the appeal, “disproportionate and risky, especially when they never saw a weapon in the hands of any of the contenders and there was a large number of people in the place, not always in friendly attitude.
His parents and another man, in provisional prison
The aforementioned Jumilla court maintains an open procedure for an alleged crime of murder against a man and his parents. The three remain in provisional prison, investigated for the stab wounds received by the victim. In addition, the Juvenile Prosecutor’s Office is following a reform file against a fourth person, a minor, for his possible participation in the events.
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