Prosecution seeks 48 years for man accused of killing ex-partner and burning her body in front of their children in Benalmádena

«Let him rot in prison; he has done so much damage to my girl,» pleaded Josefa, the mother of Catalina (known to everyone as Lina), in an interview with this newspaper.

Lina was allegedly murdered by her ex-partner in front of their children at the family home in Benalmádena last February, before he set the property on fire. While the trial is not yet imminent, the Prosecution has filed its indictment, seeking 48 years and eight months in prison.

The defendant faces charges of murder within the framework of gender violence, threats, coercion, habitual ill-treatment, arson, and three counts of child abuse.

The couple began their relationship in 2008 and had three children, who were aged eleven, nine, and seven at the time of the events. The family lived in the same building as Lina's mother and another son from a previous relationship.

The Prosecution maintains that from the beginning of the relationship, the defendant exerted controlling behaviour over Lina, isolating and dominating her to undermine her autonomy and support network. He reportedly subjected her to repeated verbal abuse and threatened to kill her and take the children away.

The indictment, seen by SUR, also reveals that the accused expressed his intent to kill their mother to the children and imposed excessive punishments, such as hitting them with a belt. He also allegedly prevented the children from having a relationship with their maternal half-brother, even assaulting the latter for spending time with the little ones.

On 10 January 2025, following an argument, the defendant allegedly raised his hand to strike Lina. She took refuge in another room and called the Local Police. Lina was subsequently registered in the VioGen (gender violence monitoring) system. Her case was classified as «medium risk» due to the presence of vulnerable minors. Although police performed follow-up checks via periodic phone calls, no precautionary restraining orders were granted at that time.

According to the Prosecution, at approximately 4:00 am on 9 February, the accused entered the family home using his keys. Wearing a hoodie and a balaclava, and armed with a knuckleduster-style ring, he entered the bedroom where Lina was sleeping with her children. The report states he «attacked her by surprise, leaving her no possibility of defence.»

After allegedly strangling her into unconsciousness and assaulting one of the children who tried to intervene, the suspect reportedly used accelerants to set fire to the bed where Lina lay.

Shortly after, the suspect made two calls to the Local Police to report the fire. Catalina died between 5am and 5.30am from asphyxia due to strangulation; her body was later recovered by firefighters, completely charred. Officers located the defendant in a nearby street, where he reportedly remarked, «The woman is in there,» before walking away to retrieve his mobile phone.

Police also assisted the eleven-year-old son at the scene, who spontaneously told officers: «Please don't let him find out, or he'll kill me too. He killed my mother. He set her on fire.» The boy had suffered bruising while trying to defend her. The two younger daughters were found inside the house «terrified» and required treatment for anxiety attacks.

The Chief Prosecutor for Violence Against Women in Malaga, Flor de Torres, is seeking:

•25 years for murder with treachery.

•15 years for arson.

•3 years for habitual ill-treatment.

•3 years (one per child) for child abuse.

•Additional sentences for threats, coercion, and verbal degradation.

The total requested sentence is 48 years and eight months, accounting for aggravating factors of kinship and gender. The Prosecution also demands compensation of €180,000 for Lina's mother and €111,193 for each of her three children.