11-Year Sentence for 'Desokupas' Ratified for Attempted Murder in Tenerife

The High Court of Justice of the Canary Islands confirms the conviction of two men for a violent attack in Chayofa, Arona.

Generic image of a judge's gavel on a wooden desk in a courtroom.
IA

Generic image of a judge's gavel on a wooden desk in a courtroom.

The High Court of Justice of the Canary Islands has upheld the eleven-year prison sentence for two individuals from a 'desocupación' company, accused of attempting to murder a home occupant in Chayofa, Arona.

The Criminal Chamber of the TSJC dismissed the appeals filed by the defendants, thereby validating the previous decision by the Provincial Court of Santa Cruz de Tenerife. The latter had already found the individuals guilty of attempted murder with treachery.
The judicial resolution details an aggression of extreme brutality. The proven facts indicate that the convicted individuals ambushed the victim as he was leaving the occupied dwelling, attacking him by surprise. They used, at least, an iron bar or a similar blunt object to suddenly strike him on the head. Once the man fell to the ground, defenseless, they continued the assault with blows, kicks, and even choked him.
The consequences for the victim were severe, including traumatic brain injury, fractures to the head and face, pneumothorax, rib fractures, and other serious injuries that required multiple surgical interventions. The court emphasized that the victim's life was at risk and that he suffers from permanent physical sequelae. During the attack, his daughter was also assaulted when she tried to protect her father.

"You again? I thought everything was settled."

Victim · Assaulted Person
The aggression stemmed from a dispute over the occupied dwelling, where the convicted individuals had been pressuring the victim to vacate the property. Days before the incident, the assailants had already visited the house with the same intention. The victim's statement, “You again? I thought everything was settled,” was considered by the court as evidence of a prior conflict over control of the property.
The TSJC rejected all defense arguments, which claimed lack of evidence, errors in identification, and violation of the presumption of innocence. The Chamber found that the conviction was based on a solid body of evidence, including victim statements, eyewitness testimony, photographic and judicial identifications, Civil Guard surveillance, and telephone and location data analyzed during the investigation.
In addition to the prison sentence, the high court ratified absolute disqualification, a prohibition from approaching and communicating with the victim, and a ten-year supervised release measure after serving the sentence. For civil liability, the convicted individuals must jointly compensate the main victim with 250,000 euros and his daughter with 1,000 euros, in addition to amounts to be determined for psychological sequelae.
The judicial resolution, which clarifies that the aggression occurred on February 14, 2020 (and not in 2023 as initially recorded), also includes the initiation of an investigation into possible false testimony by a witness during the trial.