Prosecution agrees that man who killed a mugger in Fuengirola should be spared jail

The hotel where the mugging victim worked.
The hotel where the mugging victim worked. / SUR
  • Right-wing Vox party started a crowdfunding campaign to cover the 180,000 euros he must pay to the victim's children

The public prosecution department in Malaga has published a report in which it gives a favourable view on suspending the two-year prison sentence imposed on Borja, a man who was found guilty of killing a mugger through gross negligence.

The event occurred on 8 February 2015 when, at around 7.45am, he witnessed a woman being beaten as she had her handbag stolen while on her way to work at the Hotel Las Palmeras in Fuengirola. Borja intervened in the mugging and a struggle ensued, during which he punched the thief twice, causing him to fall the floor and hit his head; he died two days later.

Borja was charged with manslaughter and on 7 July this year he was sentenced to two years in prison, as well as being ordered to pay 180,000 euros in compensation to the victim's daughters.

However, the case took a turn when the far right-wing Vox party decided to fight Borja's corner, calling his behaviour "exemplary" and "heroic". Those were the words of Iván Espinosa de los Monteros, Vox's parliamentary spokesman, whose party is pushing for a change to the Penal Code so that legitimate defence also includes the defence of "third parties in a vulnerable situation", such as "children or women".

What's more, the party has initiated a fundraising campaign to meet the 180,000-euro compensation costs. Borja initially rejected the money, saying that he would take responsibility for it himself, but was later persuaded when told a number of the donations were made anonymously and couldn't be returned.

Now that 112,000 euros has been paid, the prosecution is looking at the case more favourably. The victim's daughters, however, have said that they wish Borja to serve his time in jail. They say that during the four years since the incident, Borja "has not shown any concern about the consequences of his actions".