The provincial court of the Tribunal Superior de Justicia de Andalucía (TSJA) has reduced a sentence to 15 years over a murder in Pinos Puente last year.
The accused man, Francisco B. F., stood trial for having shot a neighbour in the head with a sawn-off shotgun on the 8th of February, 2020. The shooting was the result of an argument over how the victim had parked his car.
The magistrates at the TSJA applied as an attenuating circumstance that F.B.F. had confessed to the killing, having gone immediately afterwards to the Guardia Civil post to do so and handed in the murder weapon.
At the original trial, the judge had taken into account the defence lawyer’s submission that his client suffered from a mental disorder but the defence had decided to appeal.
The TSJA partially rejected the defendant’s appeal in which the defendant’s assumption of innocence had been violated because the jury had been allowed to think that he had acted out of malice. The magistrates at the TSJA consider that shooting somebody with a shotgun, giving the victim no chance of self defence, is without doubt a manifestation of malice.
However, they did accept that the accused having immediately confessed at the Guardia Civil post was an attenuating circumstance and merited a sentence revision
During the first trial, which was held between the 18th and 21st of October, the defence claimed that the shot had been accidental and was the result of a struggle, but the jury rejected this. Accordingly he was sentenced to 15 years and six months for murder, plus a further 18 months for the illegal possession of a firearm.
The TSJA reduced the 15 years, six months down to 14 years for murder and the illegal possession of a firearm down to 13 months both decisions based on the attenuating act of confession. The defence can appeal again, but before the Supreme Court of the land.
The shooting had taken place at 14.30h on the 8th of February, 2020 when the accused approached the victim, 31-year-old Valentín near the Puente de la Virgen on Calle Capitán Casado. Both men had had previous arguments but on this occasion it was over the victim having parked in such a way that it was blocking the traffic on the said street.
The accused placed the barrels against the victim’s left ear which evidently proved to be instantly fatal. The accused then went into the Guardia Post and stated, “Yes, it was me who shot him; he’s lying out there. I did things as they should be done by a man.”
Editorial comment: you place a sawn-off, shot gun against somebody’s head and blow his head off for having parked incorrectly… and you claim that you were unfairly tried? Oh boy!
(News: Pinos Puente, Vega, Granada, Andalucia)