HE High Court of Justice of the Balearic Islands (TSJIB) guessed the source Submitted by the defense of Pau Rigo, HE old man from Porreres HE killed the thief during the attack on the house, Although the person who must decide on the acquittal requested by his lawyer is the President of the Court, Jaime Campaner.
The lawyer argued that this was appropriate in his objection forgive the old man because in the verdict the Jury unanimously found that Rigo fired with the intention of causing the death of the thief. The problem was that at another point later in the judgment he supported by five votes to four – which is not enough for a negative fact – that Rigo was guilty of murdering the thief. exposed to a real, serious and imminent threat this resulted in a severe deterioration in his understanding and inadequate control over his will.
For this reason, his lawyer argued that instead of annulling the decision, a direct acquittal should be given. TSJİB has currently annulled the decision but is not deciding on the meaning of the penalty.
“The legal consequences of the decision of acquittal or conviction arise not from the decision itself, but from the punishment on which it is based.” They add that they cannot do this. “Prejudice” as to “what the decision in the pending sentence may or should be.”
Therefore, now the magistrate must impose this sentence on two residents of the country accused of organizing the robbery, the thief who committed the robbery (who is also charged with wounding) and the old man accused of the crime by the Prosecutor’s Office. for murder.
Attack in country house
Facts on trial At a country house in Porreres in February 2018. Sitting in the dock was 83-year-old Pau Rigo, who was charged with murder for the robber’s death; And Fredy Escobar, Marcos Rotger and José Antonio SánchezHe is accused of planning and executing the robbery.
During the theft Escobar’s and his twin brother Rigo at the time 78 years, took his shotgun and shot the last person dead. The prosecutor’s office requested a 4-year prison sentence for the retiree. Although the dead thief’s mother requested up to 15 years in prison for murder.
The old man had been the victim of another robbery a few months earlier. Rotger and Sánchez were also found guilty of planning this. At the hearing, Rigo expressed the fear as follows: ““I panicked, I saw they were killing me.” he insistedand “I didn’t mean to shoot.” However, when the thieves saw the shotgun, far from being afraid, they jumped on it.
In the annulled verdict, the jury was in favor of pardoning Rigo. He also declared the rest of the defendants guilty.