He was fired the other day from the construction site where he worked, near the Estella Sports Center. They stated that he arrived drunk and that he was in no position to put on a diver, climb scaffolding, or pull a pickaxe. But the next day, the man returned under similar circumstances. And this time with worse intentions. It ended with a puncture on all four tires of the partner’s car, which he also kicked several times. also resisted arrest practices by the municipal police officers.
Because of these events, which occurred at noon on January 26, 2022, Criminal Court number 4 sentenced him to 4 months imprisonment for a crime of resistance and a fine of 2,100 euros for a crime of damage. The judge applied it to drunkenness. But now, the First Section of the Court has heard the appeal of the accused, who asked for a complete defense (that, due to his alcoholic state, he would be absolved of possible criminal responsibility). The House is now considering that drunkenness This does not absolve him of responsibility but states that the said mitigating circumstance must be applied in a qualified manner. and therefore reduced the two sentences. He was fined 900 euros for resistance and another 900 euros for damages.
The court considered that, according to all the witnesses, it was obvious that the accused was influenced by the effects of alcohol and that, in addition, the agents reported that he smelled a lot of alcohol, that he had ups and downs in his mood, that he spoke inexplicable things, and that it was impossible, for example, for him to speak to the doctor who was treating him. “We must conclude that we are in the presence of a person who has severe alcohol addiction, at the very least, and that during the events he had a change in behavior and a significant deterioration in his abilities,” he said.
BUTTER KNIFE
During the trial, the accused denied the facts with which he was accused, saying that he had a butter knife and that he argued because he was sent to buy alcohol but refused to go. However, the accused’s version was found with the statements of the witnesses and the intervening police officers, which did not match his testimony. In this way, the sentence appreciates the actions he took, because of which he used a knife that he threw on the curb and that he also pushed the police involved.
In the story contained in the resolution, around noon on January 26, 2022, the accused went to the construction site where he worked until the previous day, and there, to damage other people’s properties, he went in a car owned by one of his co-workers and parked there. In this way, he was kicked several times on the right side of the door, and his four tires were punctured with a knife. The damages were assessed at 1,084 euros by the insurer but were not claimed in court.
Upon informing the neighbors, two Estella Municipal Police agents went to the area when the accused tried to leave there. When they followed him, they saw how he threw the knife on the ground and asked him to identify himself, something the accused did not do even though they knew they were agents in the execution of their duties. In addition to not following the officers’ instructions, he fell to the ground several times and punched and hit one of the police officers in the arm when he tried to stop him from leaving.
