Prosecution Seeks Long Prison Term in Samuel Luiz Case

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The prosecutor’s office sought a prison term of 22 to 27 years for five adults accused of murder in the case involving Samuel Luiz. In the early hours of July 3, 2021, a violent robbery occurred after the fatal assault, with a fourth defendant arrested for stealing the victim’s mobile phone. The aggravating factor of discrimination is alleged to apply to two of the defendants, a couple connected to the primary attacker and his girlfriend, due to statements in the dossier describing their reaction as significantly harsher upon learning the victim was the assailant. Samuel Luiz was identified as a gay man, and witnesses report verbal abuse calling him a derogatory slur during the incident. The trial is to be conducted before a popular jury.

The prosecution’s indictment, signed by the hate crimes and discrimination unit, includes a request for a 25-year sentence for murder from the two individuals known as DMM and CSB. They reportedly met after Samuel left the Andén bar on the ground floor of Playa Club early on July 3, two years prior. The document states that DMM shouted Stop recording us, and Samuel, it is claimed, interpreted this as an inference that he was gay. The Public Ministry argues that this prompted a more brutal reaction, driven by hostility toward members of Samuel’s sexual orientation group. The case alleges that, at that moment, Samuel was struck repeatedly with punches and kicks, especially to the head and face, leading to his death two and a half hours later.

Another defendant, identified as AFG, is said to have joined the assault. The prosecution sought a 22-year sentence for him as well, asserting that he was fully aware of the severity of their actions and the potential consequences for their victims’ physical integrity.

CSB is said to have participated from the outset, taking part at the scene and sharing the hostile sentiment toward homosexuality attributed to Samuel. The dossier describes how CSB ensured that no one helped the victim and even pressured a companion named Lina to remain inactive, while assisting his friends in the attack.

Subsequent to the main incident, additional individuals, including two young children, became involved. They reportedly reached a prior agreement to face charges together for the events, with a murder conviction anticipated by March 2022. The prosecution, along with the other defendants, KASC and AMR, requested a 22-year sentence for each man and an additional five years for murder and violent robbery, due to the theft of Samuel’s mobile phone.

At the time of the events, one defendant who had reached adulthood and is under trial remained detained since July 9, 2021. A young woman was under ongoing investigation with periodic court appearances. AMR, identified as the last person detained in relation to the incidents, was released at the end of September 2021, about a month after detention, despite ongoing court appearance obligations.

The Public Ministry contends that all defendants understood the duration and continuity of the blows inflicted on Samuel, and that these actions could cause death. The dossier notes that some individuals prevented Samuel from escaping. While Ibrahima and Magatte offered limited assistance, the report indicates that the beatings persisted and reflected extreme cruelty and dehumanization. It is alleged that Samuel collapsed unconscious in the early morning hours of July 3, 2021, and died of head trauma and subarachnoid hemorrhage at 6:50 a.m. at a hospital in A Coruña. Although early investigations mentioned a bottle as a possible weapon, the prosecution document does not indicate its use in the murder.

In addition to prison terms, the Public Ministry seeks fines and compensations. The claim includes compensation to Samuel’s parents and sister, including two minors, for moral damages and material losses totaling 263,284 euros. Samuel’s father is also proposed to receive 40,000 euros for permanent disability, reflecting the occupational loss. The defendant who admitted to stealing the victim’s mobile phone is required to cover a terminal fee of 859 euros, acknowledging that the phone was discarded and never recovered.

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