On the first day of the trial, the defendant, Antonio David M. B., admitted to every charge, item by item. Prosecutors argued the confession did not reflect cooperation with justice and was untimely and irrelevant to resolving the case. The Alicante Court indicated that only a minimal penalty reduction would be possible, to be set after the jury reached its verdict. The charges of murder with premeditation and cruelty, along with mistreatment, injuries, and harm to moral integrity, remained active, and prosecutors requested a total sentence of 36 years in prison, the Alicante Court Proceedings indicate.
Only one mitigating factor would be considered for admitting the facts, because the law requires it, the prosecutor told the jury, though she warned that the amount would be small. The defendant confessed because it was his best option to try to lower the sentence given the substantial evidence against him, the prosecutor stated during closing arguments. For this reason the confession was assessed as untimely and not driven by remorse or a genuine intent to cooperate with the justice system. Court sources indicate the penalties could fall to about 33 years due to the mitigating factor, though the jury’s presiding judge, Jose Luis de la Fuente, would ultimately impose the sentence.
As reported, the victim, Maria Elia, was killed on the night of December 17 into December 18, 2021, after a brutal beating at the Torrevieja home they shared. The murder exposed four years of mistreatment, insults, and humiliations endured during the relationship. The prosecutor stated in her final report that the relationship was not built on love but on pain. The couple had a three-year-old daughter who spent most of her time with the maternal grandparents due to the couple’s situation. The victim sustained a broken rib during an assault while pregnant and did not seek emergency care for a year afterward, unable to bear the pain. Work colleagues described attempts to simulate bruises and a constant fear when the partner appeared at her workplace to monitor her. Alicante Court Proceedings.
In the last session, forensic experts who performed the autopsy testified that the victim bore injuries all over the body, but the blows to the head and abdomen were the cause of death. They explained that the bleeding from those injuries led to a slow, agonizing death in which consciousness gradually faded. They noted that the victim could have survived with timely medical assistance after the beating. The time of death was estimated between 11:30 p.m. and 1:00 a.m. The defendant did not report to the Civil Guard until the following morning, just a short distance from the home. Alicante Court Proceedings.
The prosecution emphasized the constant beatings and the control exercised over the victim, including reviewing her phone and following her when she went out to dispose of trash. It was noted that the defendant did not work; the victim earned a living as a supermarket cashier, and the house they shared belonged to the victim’s parents. If she had left him, she would have nowhere to go, the prosecutor added. During that period she was subjected to degrading remarks, called by the term for a prostitute, with comments that he could not tolerate her. She could have left, but chose to continue living in a personal hell. How could anyone behave with so much malice? asked the prosecutor, underscoring the victim’s right to have her story told as it truly happened. It was not an accident. Alicante Court Proceedings.
“A Calvary”
If genuine remorse and a real willingness to cooperate with the authorities had existed, the defendant would have called the emergency number to request an ambulance that same night, argued the lawyer for the private plaintiffs, Antonio Hodar, who represents the victim’s parents. The accusations did not overlook the fact that the defendant had military training, implying he knew where to strike. The lawyer described the victim’s ordeal as a calvary in which she was pounded into silence. Alicante Court Proceedings.
The private prosecution asserted that the defendant did not assist in the investigation and that perhaps the night of the crime he did not report to the Civil Guard because he was destroying evidence. The assertion that the SIM card has never been located was noted. The Generalitat’s prosecution highlighted the physical disproportionality between the aggressor and the victim. Alicante Court Proceedings.
The confession has left the defense with little room to maneuver, having previously argued that the acts constituted homicide rather than murder and sought mitigating factors. In the end, the defense aligned with the prosecutors’ request by explicit directive of the defendant. In the final report, the defense attorney noted that the defendant did cooperate with the authorities by leading the Civil Guard to the location of the body. He admitted the facts and could have fled, but faced up and assumed responsibility. That should be weighed accordingly. Alicante Court Proceedings.
During his final words, the defendant claimed sincere remorse and offered apologies to Elia’s family and to his daughter. On this day, the jury was expected to begin deliberations on the verdict. Alicante Court Proceedings.
Estadística
One in ten gender violence victims do not testify against their aggressors in court, according to Valencia’s CGPJ observatory on violence against women. In Alicante, 284 women did not testify. In the second quarter of 2024, a total of 2,823 gender violence complaints were filed and 2,646 victims were counted. Complaints rose by 5.2 percent across the Community, and 564 protective orders were issued in the province. Conviction rates in the province of Alicante stood at 95.5 percent, the highest in the Community, which had 93.3 percent. Alicante Court Proceedings.