The Civil and Criminal Chamber of the TSJC has dismissed the appeals filed by the defense, upholding the previous ruling by the Provincial Court of Santa Cruz de Tenerife. The court believes the original sentence accurately assessed all evidence, without violating the defendants' right to the presumption of innocence.
The proven facts describe a planned assault that took place in Santa Úrsula. The two brothers conspired to end their neighbor's life, arriving at his home armed with an axe and a knife. The victim was ambushed at his doorstep with an attack aimed at vital areas such as the head and neck.
The victim was only able to save his life by taking refuge in his home with “extreme difficulty,” managing to close the door in time to prevent the attackers from completing their objective.
The court emphasizes that it was not a fortuitous altercation, but a premeditated action using means capable of causing death. The TSJC ruling acknowledges the presence of treachery, as the attackers took advantage of the victim's complete defenselessness at his doorstep.
Furthermore, the Chamber has rejected the exemptions or mitigating circumstances requested by the defense, such as sudden passion or intoxication, as there was no significant impairment of the convicts' faculties or an immediate trigger for the aggression.
In addition to the prison sentence, protective measures for the victim remain in place. The convicts are prohibited from residing in or visiting the municipality of Santa Úrsula, as well as approaching within 500 meters of the victim or communicating with him by any means. These restrictions will extend for an additional five years beyond the prison sentence, thus closing the ordinary appeal route.
