Thursday, October 28

The confession of a crime with hammer blows reduces the sentence requested of the two defendants by ten years


Up to ten years in jail, the prosecutor has lowered the sentence request for the two accused of hammer to death a roommate in El Campello behind the confession of both during the first day of the trial. Following the agreement reached between the Public Ministry and the defense attorneys, the accusation has gone from murder to manslaughter, while the mitigating undue delay and confession.

A conformity that has been validated by a popular jury and whate this Wednesday unanimously declared the two accused of the crime guilty. The events occurred on October 9, 2017, when the victim, Paulius T. of Lithuanian nationality died as a result of being stabbed and beaten to the head with a hammer behind the discussion with his two roommates, father and son and of the same nationality as him. The fact that the body had a plastic bag on its head, motivated that the Public Ministry initially valued that it was a murder. However, evidence indicates that the bag was put on when the man had already died, prompting him to be charged with manslaughter rather than murder.

The father, Vaclovas V., was arrested that same morning at the scene, while his son, Denas V., was not arrested until last year when he arrived in Moscow from a flight from Spain. In the years that he was sought by the Justice, an attempt was made to judge only Vaclovas for the crime and to prosecute Denas when he was arrested. The oral hearing should have been held in March last year, but the arrival of the pandemic forced it to be suspended. When the de-escalation was beginning, Denas was arrested, forcing the case to be returned to court so that the two could sit together on the bench. The Prosecutor’s Office considers that this delay of more than a year to put Vaclovas on the bench is an attenuating factor for undue delays. On this point there has been no unanimity in the jury, where two of the seven members of the popular court considered this mitigating factor not proven. The prosecutor has also valued the collaboration with the Justice of the two defendants when pleading guilty to this crime.

After the agreement reached with the two defenders, the lawyers Francisco Galiana Botella and José Soler, the prosecutor claims a penalty of twelve years in prison for Denas for the crime; while for Vaclovas 10 years are requested for the homicide; one year and nine months for the 17 kilos of marijuana found in the house; and another three months for a false passport that was on the floor.

Expulsion

The agreement closed allows Vaclovas to suspend his sentence and replace it with expulsion from the country after seven years of sentence. As he has been in preventive detention for almost four years for these events, it would be three years from now. Previously, this situation will have to be reported to the Central Investigating Court of the National High Court, since it has a Euro Arrest Warrant in force from your country. Once expelled from the country, he will not be able to return to the country for another ten years. Vaclovas has been in preventive detention since his arrest for these events. Although the court authorized his release on bail, it was never paid because he did not have money to afford it.

The two defenses joined the request for penalties claimed by the prosecutor, so that in a few days a sentence could be handed down validating the terms of the agreement between the parties.


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