The Court dismissed the appeals filed by the defendants, thus maintaining the initial ruling of the Provincial Court of Santa Cruz de Tenerife. The events occurred on the evening of February 14, 2023, when the accused surprisingly attacked the victim as they were leaving a residence.
The assault, which began with a blow to the head with a blunt iron object, continued while the victim was on the ground and defenseless. The sentence details that the conflict arose from the management of occupied properties, and the accused were linked to activities of “violent occupation and disoccupation,” according to Guardia Civil reports.
The attack was carried out with treachery, being a coordinated and surprising action that nullified any possibility of defense for the affected party.
The victim resided in the Chayofa dwelling, paying 300 euros monthly, and had refused to leave the property despite prior pressures from those now convicted. The injuries sustained were extremely serious, posing a vital risk that required multiple surgical interventions and left significant physical and psychological sequelae.
In addition to the 11 years in prison for each, the Court has ratified the absolute disqualification, supervised release, and the prohibition of communication and approach to the victim. For civil liability, the aggressors must compensate the main injured party with 250,000 euros and their daughter with 1,000 euros, who was also assaulted while trying to stop the attack.
The court rejected allegations of violation of the presumption of innocence, considering that there was sufficient testimonial, expert, and documentary evidence. Furthermore, an investigation has been ordered into whether any witnesses committed perjury during the process, confirming that the attack showed clear homicidal intent due to the force and vital areas targeted by the blows.
