The 33-year-old man has remained in custody since the end of last October after being charged in connection with the death of a 26-year-old man who reportedly handed him a firearm before an altercation at Copity nightclub near the San Juan beach in Alicante. He was not immediately released and the court later weighed the risks of flight, evidence tampering, and reoffending, ruling these risks as moderate rather than high. The suspect left Fontcalent prison late last Wednesday after a bail decision was implemented, following a 5,000 euro deposit that the court deemed sufficient to avoid continued incarceration in October.
In a decision released last Wednesday by the Tenth Division of the Alicante Court, the court documented the appeal filed by attorney Pedro García Galvañ against the Education Court No. 7 of Alicante’s imprisonment order. The prosecutor’s office and the special prosecutor joined the appeal. Upon payment of the 5,000 euro bail, the prison sentence was suspended, and the detainee moved from Fontcalent to freedom on the same day.
Passport cancellation
The court ordered the withdrawal of the suspect’s passport as a precaution while the case proceeds and imposed a travel ban. The individual must also appear in court on the 1st and 15th of every month as part of ongoing proceedings.
The defense argued that the death at the golf course along the San Juan beach should be treated as a murder; they contested the prosecution’s assertion and contended that the act could instead be considered negligence resulting in injury. The Trial Court, which granted the release on bail, noted that the defense theory could be plausible but required further evidence. It remained possible that the incident did not amount to willful homicide, even though the private prosecution representing the deceased’s family asserted otherwise and pressed for a conclusion of intentional murder. This assessment forms part of the evolving evidentiary picture the court is evaluating as the case progresses.
On the terrace of the Laseda shopping center in Alicante, witnesses described a fatal scene that has since become central to the case. The image of the deceased and the surrounding circumstances continue to influence how the court weighs intent versus negligence in determining potential penalties.
The court ultimately suggested that the likelihood of a definitive finding of negligent manslaughter is significant, and this would carry a lighter penalty than willful manslaughter, thereby reducing the risk of escape. The defendant’s legal team emphasized that if the sentence could be suspended or capped at four years, the individual would be less motivated to flee and would accept any life changes that might accompany a conviction.
Evidence
From the court’s perspective, there is no immediate danger of tampering with evidence because the suspect is connected to witnesses in the case. The court also did not find a substantial risk of reoffending, despite the special prosecutor’s concerns about a violent criminal record. The court noted that prior periods of liberty related to injury and assault charges had produced fines and short custodial sentences, and the most recent sentence has already been served. Accordingly, the defense’s concerns about the danger of reoffending were not deemed sufficiently persuasive to overturn the bail arrangement.
For these reasons, the court considered the 5,000 euro bail and the imposed precautionary measures adequate to manage the stated risks. The current posture allows the investigation to proceed while balancing public safety concerns with the defendant’s presumption of innocence and the procedural rights afforded to the accused.