The judicial ruling fully ratifies the previous sentence issued by the Provincial Court of Santa Cruz de Tenerife, solidifying a conviction that includes not only prison terms but also restraining orders, supervised release, and civil liabilities for the damages caused.
The court considers it proven that the convicted individuals acted with a clear homicidal intent, and not merely with the intention to assault. According to the sentence, both brothers went to the victim's home armed with an axe and a knife, which demonstrates prior preparation for the attack.
Now you won't look at us badly again.
The assault took place inside the victim's home, who was alone at the time. After violently hitting the entrance, the attackers managed to gain access to the patio, where they began an extremely violent assault. They even used objects from the victim's own home, such as his cane, to continue the attack.
The high court emphasizes that treachery was present, as the aggressors took advantage of a situation where the victim had no real possibility of defense, and also premeditation, by planning the assault in advance. Disagreements between the parties had been ongoing for some time, with the victim reprimanding the brothers for uncivil behavior.
During the trial, the victim provided key testimony that helped reconstruct the brutality of the events. Neighbors, alerted by the noise and screams, came to the scene and managed to disarm one of the attackers, preventing an even more serious outcome.
The court rejected the defense's claims for mitigating circumstances such as intoxication, drug addiction, or sudden passion, as well as the existence of psychiatric history in the accused. Although it was established that both brothers had a history of mental health problems, forensic reports concluded that these circumstances did not significantly influence the assault.
