The death trial that began in a confusing fashion centers on a river accident in which a 14-year-old girl drowned after becoming trapped in a siphon during a canoeing activity on the Cares River. The incident occurred on July 3, 2020, while a group from the Castillo de Layos de Comillas camp participated in a raft adventure. The activity was subcontracted through an intermediary company, H2O, by Jesús Madrazo’s Canoe Trophy organization. When the group navigated the area known as the Monolith, a large rock divided the river and created conditions that required careful, single-file progress from the right, with canoes passing only one at a time. The lack of awareness about the risk of entrapment was a recurring theme in the proceedings. [Source: Court notes and trial records]
The group comprised 18 youths, accompanied by two activity instructors from Layos Camp and another participant who brought his eight-year-old daughter. All three Canoe Trophy workers testified on Monday before Judge María Paz González-Tascón of Oviedo’s 3rd Criminal Court. They acknowledged not having the competence to land in Aksu and admitted limited knowledge of first aid. They described only having completed an online course and stated that they were not familiar with the emergency protocol for accidents. A recently hired staff member named Alfredo Gutiérrez, who had joined verbally, had previously descended the river as a user. Borja Berdial, a fisherman, possessed some familiarity with the river, while Gustavo Sáiz, the most experienced guide, joined the customers but did so in smaller groups. Sáiz described becoming a guide for the first time. [Source: Court testimony]
According to Sáiz, he opened the front of the group because he judged the father of the little girl to lack sufficient knowledge. He chose to accompany the eight-year-old separately. After passing the Monolith, Sáiz paused in the still water to verify that everyone emerged safely. A canoe then struck him and knocked him into the river. From the corner of his eye, he observed one of the canoes capsizing. When he managed to return to the surface, he attempted to assist two children who had fallen overboard, but the other canoes and monitors behind them were not visible to him. Several witnesses later stated that they did not see the other monitors in the wake of the incident. When they regrouped about 300 meters downstream, a supervisor questioned whether anyone was missing, and a Layos supervisor appeared to doubt attendance due to a stomach ailment. Sáiz later suggested that a missing child had not been identified at first, which contributed to panic. An estimated eight to ten minutes passed before the situation was recognized. [Source: Trial testimony]
Desperate searches followed as Sáiz combed the area near the Monolith, repeatedly diving to the crack and hoping to locate the girl. He attempted to call for help, but there was no mobile coverage in the vicinity. With no immediate access to emergency services, the group continued toward the end of the journey to seek assistance. They were unaware that the highway from Las Arenas to Panes (AS-114) could have expedited help, and firefighters initially refused to enter the water due to dangerous conditions. The GEAS unit played a decisive role when summoned. [Source: On-scene reports]
In statements, Madrazo insisted that there was no risk because the younger participants were accustomed to surfing and occasional capsizing. He described the descent’s difficulty as second-degree, a classification he attributed to the area rather than to the river’s inherent hazards. An expert later suggested that the site could be characterized as third-degree due to fast and strong currents. Madrazo argued that his company operated from Cantabria, where regulatory requirements for this type of activity were reportedly looser than in Asturias. He maintained that he himself was not proficient in white-water descent but had solid canoeing experience. [Source: Court records and expert testimony]
The public prosecutor charged Madrazo and the bystanders with reckless homicide and sought a four-year prison sentence. In the private lawsuit filed by the victim’s parents, the attorney Gonzalo de la Torre requested three years for Madrazo and one year for each employee. A fifth defendant, Pelayo de Gregorio, who led the Comillas camp, testified that the organizers relied on professionals from the H2O company to plan the activities. He stated that the events had not previously presented any danger and that parents were informed about the activities. He also recalled denying a previous account from 2018 in which a boy who sustained a leg injury during the descent claimed he almost drowned. [Source: Court filings]