Badajoz County Court, 24 years in prison for the author of the crime of the JM bar association in BadajozHe was convicted by a popular jury of murdering 27-year-old Jonathan FH three times on Christmas Day 2019, and also of trying to kill his cousin because the pistol he was pointing at was jammed at him. • The court, in its decision, which became clear six days after the decision, sentenced the accused to 15 years in prison for murder by treason and 8 years for attempted murder. murderby treason in both cases, he added one more for possession of illegal weapons.
Regarding legal liability, will pay compensation to the daughter of the deceasedHe was 6 years old when his father died, 150.000 €; 30.000 Euros to the mother; to his sister, with whom he lived with 20,000; and the other sister with 10,000 euros. The cousin has to pay 3,000 euros. The total amount is 213,000 Euros.
In addition, José Miguel MC will not be able to approach below 500 meters for 10 years or contact the family of the deceased, and nor will he be able to benefit from prison leave until he has completed 50% of his sentence.. The accused has been in a temporary prison since the day the crime was committed nearly three years ago.
The prosecution sought 35 years in prison and 210,000 euros in damages, while the special prosecutor’s office demanded 39 years in prison (for 25 murders, 12 attempts and 2 illegal weapons possession) and 280,000 euros for liability. 12,000 Euros for Jonathan FH’s family and cousin. The defense, for its part, recommended that all crimes be reduced by two degrees, so the sentences it offered for its client were 3 years and 9 months for murder, one year for possession of an illegal weapon, and 15 days for threats. , because he did not recognize the assassination attempt.
The court, presided over by Judge Enrique Montero de Espinosa, apply analogical mitigation of confession brought up by the defense, because he understands that, although the accused called the police and confessed to the crime and surrendered about an hour later, when it was already known that he was the perpetrator. and investigators watched footage from local security cameras that recorded the events, their recognition was “useful” for the investigation. The Penal Code provides penalties of between 15 and 25 years for treasonous murder, and after the court accepts confession as a simple mitigation, In this case, the minimum penalty stipulated by the law is “adequate”, the nature of the events and the principles of proportionality and culpability should be observed.
The defense also requested that stubbornness and insurmountable fear be considered as extenuating circumstances – the popular jury rejected it, considering that the convict had acted knowingly what he had done – and damage repair. Regarding the latter, the decision states that: 7,600 Euro shipped on behalf of the victim’s daughter during these three years (mostly in the last months) is a “practically irrelevant and insignificant” amount with respect to specific charges requested by the prosecution, and also “performed by his partner and not by the accused” and apparently just to take advantage of a reduced penalty.
In its final decisions, the special prosecutor’s office revealed the aggravating situation of the persecution, which the jury rejected and the court did not accept.
Appeals before TSJEx
Attorney for the family of the deceased, Fernando Cumbresannounced his intention Making an appeal before the Civil and Criminal Division of the High Court of Justice of Extremadura (TSJEx) against the decision, which does not consider it adjusted to the seriousness of the crimes the accused is guilty of. As he himself admitted, the relatives of the victim were victims of this decision. “The sentence shows that killing is cheap,” lamented Jonathan FH’s mother.
If the defendant’s lawyer is Enrique Gonzalez de Vallejobelieves that the sentence is “faithfully collects” the verdict of the public juryr disagrees with some of the content and understands that there are “reasons” to object to TSJEx. In this sense, he stated that he would evaluate this possibility together with his client when he analyzed it carefully.