The Provincial Prosecutor’s Office The sentencing requests for two accused of beating and robbing a homeless migrant have been increased from three years and four months to four years in prison.
The events occurred in the Plaza de España in Santa Cruz de Tenerife around 5:00 p.m. on February 14. In principle, the Public Ministry requested convictions for a crime of injuries. Now they would become robbery with violence and intimidation with a blunt object.
For the rest, he maintains the sentence of four years and four months for the charge of injuries aggravated by deformity and sanction for failure to stay away.
One of the accused, whereabouts unknown
The defense requests free acquittal or that at most he be considered responsible for a minor crime of injuries without prison sentences. He considers that it was not proven that he was responsible for the attack but that it was the complainant who breached the restraining order.
In the trial that took place this Monday at the Provincial Court, only one of the accused was present, who is in provisional prison. The other is missing. In her statement, the victim maintained that she knew the two alleged attackers. These lived around the Plaza de España and were also homeless and migrant people.
He has claimed to be unaware that a restraining order had been imposed on the defendant who was in court. It was after he reported that he filed a complaint because he had hit him.
Punches delivered with “extreme force”
He has also reported that he was a valet and that when he was walking through the Plaza that day he met the two accused, at which time one first punched him with a hand that had a large ring on it and the other threw a hand at him. stone.
As a result of all this, the victim suffered two injuries to the jaw and the side of the head. They were hit “with extreme force,” according to the expert.
He has also said that the accused who attended the trial asked the other to leave him alone. However, he was also responsible for hitting him, taking his cell phone and breaking it, without being able to specify exactly who was responsible for each of the actions since he does not remember.
A confusing statement about how many teeth he had lost
The statement was also confusing about how many teeth he had lost. He stated that one but the expert report speaks of two. Weeks later he filed a complaint and later recognized them through photographs, given that it was not the first altercation in which all of them had been involved.
The expert speaks of severe trauma compatible with having received at least two blows that fractured his jaw bone. One on the chin and one on the side of the face. However, he could not specify which of them would correspond to a stone or the punch.
The expert described the deformity produced as “important”, which gives rise to a considerable aesthetic effect.
The accused denies the facts
The accused said that it was the complainant who ran up to him, he knew him from the municipal shelter and because “he was always drunk.” He denied that he was with the man declared in rebellion and that he had hit him, but simply threw a small stone at him.
He also does not acknowledge that he robbed him and said that he was the one who began to insult him and attack him in such a way that he limited himself to defending himself. He added that before the fight he was already bloody. He even claims that he called an ambulance and poured some water on him when he was on the ground injured but awake.
The Prosecutor’s Office also requests joint civil liability of 27,000 euros for the personal and aesthetic damage caused and the functional consequences suffered by the homeless migrant victim.
