The Superior Court of Justice of Andalusia (TSJA) confirmed the sentence of two and a half years in prison for the 64-year-old man, who killed with a hunting knife the person who broke into his house in the early morning of 2018.
In March, the Jaén Court found him guilty of homicide after a popular jury considered that none of the 22 stab wounds he inflicted on the thief should have been fatal, but that there were too many and so deeply that he ended up bleeding to death from hypovolemic shock.
Although they consider that there is a partial legitimate defense, they reject that the means used by the man from Jaen are proportional. The jury considered, however, the absolute mitigation of the impenetrable environment. The jury’s considerations allowed the sentence to be reduced by two degrees, remaining the two and a half years for which he was sentenced, in addition to paying 70,000 euros as compensation to the parents of the deceased murderer.
After this first sentence, the defendant’s defense appealed the decision before the TSJA, demanding that both defenses be implemented in full, which would prevent him from entering prison. Finally, the Andalusian high court agreed with the court, confirming the sentence and thus dismissing the appeal.
As stated in part of the sentence collected by Europa Press, “it is certainly seen that, to defend oneself from an attack, there is a vengeful spirit, because it is not limited to threatening or restraining the aggressor,” and it also established that “attack with several stab wounds in various parts of the body (up to 22), which caused his death, and this was done despite the victim’s behavior of fleeing the moment he was surprised by the accused.”
The events began in May 2018 in the municipality of La Carolina when the man, who was 59 years old at the time, got out of bed around 3:00 in the morning to go to the bathroom. At that moment, he realized that someone was inside his home. He took a “very sharp” hunting knife and stabbed the thief, a 32-year-old resident of Viso del Marqués (Ciudad Real), several times. The latter carried gloves, a flashlight lighter, and a plastic-covered bar with which he pressed the blinds of the window he passed after he climbed to the interior patio.
