family Majorcan legionnaire dies shot for a few exercises in August argued this Tuesday 34 years in prison For the sergeant, whom he attributes the authorship of the fatal shot, according to Europa Press.
The Second Military District Court, headquartered in Seville, started the final decision phase of the case, which began last February, yesterday.
The case investigates the death of the 21-year-old legionnaire by a rifle shot during a March 2019 exercise by the Almería-based Legionnaire brigade at the Agost maneuvering area. The procedure is for eight soldiers, although the prosecution charges only two lieutenants, a captain and a sergeant.
In this context, the family of the fatal victim of the events, legionnaire Alejandro Jimenez Cruz, A total prison sentence of 34 years to A. Nieto Dunn, represented by the firm of Abogados, requested by the Sergeant of the Legion Brigade, Saul Antonio Guil, to whom the party in question and the Public Ministry attributed authorship of the fatal shot.
In particular, the deceased’s family makes demands for him. 25 years in prison for qualified manslaughter, with additional employment and loss of public office. If it is determined that the murder was negligent, it demands that the murder be considered serious and that the non-commissioned officer be sentenced to 4 years, 9 months and 15 days in prison and 6 years from carrying a weapon.
He’s also demanding four more years for a second obstruction of justice with the same accessories. Likewise, he is seeking an additional five years in prison for misconduct. He is also seeking a fine of 14,400 euros for himself.
In terms of legal liability, it demands that the sergeant and Lieutenant Fernández Sosa, who is also the defendant as the author in the case, pay 1.5 million Euros to the deceased’s mother and 150,000 Euros to the father and grandmother in the same amount. and to grandma with the same money.
event, a maneuvers Developed on the Agost shooting range on March 25, 2019, where the platoon, commanded by Sergeant Saúl Antonio Guil of the Legion Brigade, conducted a drill to attack a merlon with four targets.
no prior instructions
According to this InvestigationAfter completing the programmed exercise, the sergeant shouted “The enemy is aheadat the foot of the mountain, all white at 12 o’clock, this sequence is not previously provided in the drill programming or known to the peloton”, accomplishing its new goal of “climbing the most advanced double”, the top of the merlon, firing from the prone position”.
In this context and according to the Prosecutor’s Office, Bullets fired by the sergeant The deceased legionnaire Alejandro Jiménez “hit him while standing at a distance of about 12.5 meters from the merlon and”, kneeling on the first place on the left flank at that moment, pointed his rifle at the ground“.
The bullet hit the tip of the victim’s rifle, “disrupting her balance and doing a somersault that does not change direction, then impacting her body, causing a ‘mortal wound’ with a bullet hole in her right hemithorax.”
“Improvised” exercise
In this context, the accused sergeant named at the hearing admitted that, as “platoon leader”, he “suddenly” promoted the “second target” after the initial attack on merlon was complete, and stated that he fired despite firing on the first maneuver. attack, he never did”fire the second enemy“He set it up himself.
According to his own statement, he never thought that he could be the author of the shot that hit the troops, claiming that the effect of the soldier who died “without a ballistics expert” was for him. derived from the “tab” of a bullet. Noting that Captain Cabello, who was the defendant in this case, along with Lieutenant Gascón and the other lieutenant identified as PF, came to the same conclusion, he said, “This is the only ballistic solution.”
family results
However, according to the conclusions of the victim’s family, “this He stated that the shooter was Sergeant Guil. Jiménez Cruz, with the 70330″ rifle, received an expert report from the Department of Defense for this point. Ballistics of the Civil Guard Criminalistic Service“Impartiality and independence” and the suspect bullet extracted from the body of the victim “completely coincided with the suspicious bullet fired with the 70330 rifle”.agreements between six lanes and six fields” and Sgt.
At the same time, “absolutely and strongly direct shotruled out the possibility of a swinging recoil by the sergeant accused of the fatal shot.
“We don’t know why the sergeant fired this shot at Jiménez Cruz, he never explained it. maybe he didn’t like seeing her kneeling on the floor. while the other comrades carried out the order to shoot at the mountain. Maybe he wanted to teach him a lesson (…) maybe he wanted to warn or frighten him by shooting at his location, and he finally shot him. What is established is that The bullet came from the rifle Sergeant Guil was carrying. and that this attraction is direct” reveals the representation of the family.
Sergeant’s Intention
For the family of the deceased, “the firm belief that Sergeant Guil’s intention was to end Jiménez Cruz’s life” outweighs and appreciates “a direct fraud”, for which “Murder can never be considered recklessness.”.
He also attributes his authorship to: Lieutenant Fernández Sosa “permitting” the sergeant’s performance25 years in prison for qualified manslaughter; and also accuses him of abusing the job with the same offense of abuse of power as the sergeant.
Likewise, it also imposes the crime of concealment. Captain Cabello, Corporal Roca and legionnaires Jiménez Nieto, García López and Collar de la Rúa, and Lieutenant Fernández Sosa, seeking a three-year prison sentence at this point for each of these defendants, unless he is convicted of the offenses cited in relation to him.
for him crime of disobedience Each of the offenses against efficiency in service attributed to Captain Cabello and Lieutenant Fernández Sosa, each seeking a one-year prison sentence for each, and a four-year prison sentence for Lieutenant Fernández Sosa. He demanded and commended one more crime of infidelity in connection with Fernández Sosa and the captains Cabello and Gascón, for which he would demand four years in prison.