A judge has intervened amid growing outrage that a man could go to jail for stepping in to defend a woman being mugged in Fuengirola in 2015 only to accidently kill the attacker. Now the man, named only as Borja, will be spared prison providing he pays the 180,000 euros compensation awarded to the dead man's daughters.
The dead man's family had initially insisted on Borja serving his sentence but appeared to soften their position this week. A crowdfunding campaign to pay the compensation was started by right-wing party Vox when news of the sentence was made public. Vox have said that the law needs to be changed so that people who defend an attack victim do not suffer the consequences like Borja. They have also called for him to be given an award for bravery.
The party's fundraising efforts reached around 110,000 euros of the amount needed, which Borja initially rejected but then accepted when told that much was given anonymously and couldn't be given back.
Borja's lawyer has asked for him to pay the remaining amount of 64,000 euros at 250 euros a month - as much as he can afford. The court was considering this offer this week.
The events leading up to Borja's sentence took place on 8 February 2015 when, at around 7.45am, he witnessed a woman being beaten for her handbag while she was on her way to work at the Hotel Las Palmeras. Borja intervened in the mugging during which he punched the thief twice, causing him to fall to the floor and hit his head; he died two days later.
Vox organised a small protest in Fuengirola last week in favour of a pardon for Borja. Some thirty people gathered in the Plaza de la Constitución. Vox leader in Fuengirola Antonio Luna said, "We're going to make sure that Borja doesn't go to prison."
"We don't know what party Bojra supports and it doesn't matter; we only know that he did what we would like others to do for us," he added.
Ironically, it has emerged that Antonio Lara, who is also now a Vox councillor in Fuengirola, was one of the National Police officers who originally investigated the thief's death.