Supreme Court upheld the conviction of the accused Nine years in prison for a man who shot another person in a fight at a bar on Carpintería street in Madrid, in the San Blas district. The Supreme Court upholds previous decisions of the investigating court and the Madrid Supreme Court of Justice holding him responsible for a crime. attempted crime and another illegal possession of a weapon. It also has to compensate the victim 15,250 euros for injuries and 20,000 euros for their consequences.
The events occurred on July 5, 2021, when the two men started an argument that led to a fight at the aforementioned bar on Carpintería street around eight o’clock in the afternoon. After being separated by several clients, the defendant told him, “with the intention of intimidating the other person:”I will shoot you twice”.
He left the venue immediately afterward and returned with an item in his hand at around 8:30 pm. short, automatic or semi-automatic firearmThe 7.65 caliber was stated in the Supreme Court decision, where the 41-year-old person he was facing was tried “with intent to end his life”.
Fight
The accused did two shots, one to the non-hit legsPreviously, the other person jumped to the other and caused another fight, while the accused put the gun on the victim’s left cervical region, shot from the neck-shoulder-bottom and second handpierces the projectile through the area in question without an exit hole.
He then gave it to the accused while he was on the ground. a few blows to the head with a gun and left the place. “You killed meThe man who was attacked explained that he had “left hemopneumothorax, a tear in the lower lobe of the left lung, crushed areas of the lung, comminuted fractures in the posterior ribs, 3rd, 4th, 5th, 6th and 7th tears” as a result of the bullet. small left renal laceration in the left hemidiaphragm and a bullet lodged in the retroperitoneum at the level of the left renal pole”.
According to the sentence, in addition to first aid for his treatment, “Five-day hospitalization, two of which were in intensive caremedical and surgical treatment, surgical drainage of hemopneumothorax and suture of the left lower lung lobe”.
It took 150 days to healrecalls the sentence stating that the victim had possession. left side pain Needing a fentanyl patch that limits their movement as well as causes anxiety.
bullet in the body
The victim also suffered from a firearm bullet “stuck in the fat of the lower left kidney pillar” and scars in the right anterior region from the shot.
In the legal process, it turned out that defendant did not have a gun license. The applicant claimed that his right to the presumption of innocence had been violated, saying that there was insufficient evidence to prove his participation in the events, but his appeal was dismissed because a few witnesses They confirmed what happened.
In addition, the defendant’s intent (murder) has been proven in the judicial process. According to jurisprudence, “a person is deemed to have acted deliberately knowing that he poses a particular danger that is not deemed appropriate by law, but still engages and continues to engage in behavior that exposes the victim to risks not owned by the agent.” make sure. be able to control and not directly follow the causality of the outcome. [la muerte]but he should understand that it is highly likely to occur”.