Man to serve 12 years in prison for killing his 72-year-old neighbour during burglary in western Malaga province town

The main suspect in the murder of a 72-year-old man during a burglary in the town of Humilladero, in Malaga province, in 2022 has been sentenced to 12 years in prison for a crime of murder and another of attempted robbery with violence.

Around 2am on the night of the incident, 20 May, the two suspects entered the elderly man's home, without expecting him to catch them stealing. When the victim refused to let them take his valuables, as the ruling states, the main defendant "did not hesitate to hit him repeatedly, even using a hoe with the intention of ending his life".

The elderly man suffered very serious craniofacial injuries, as well as other superficial injuries, inflicted when he put his arms in the way to protect his head. He died in the ambulance on the way to the hospital around 3.30am.

There is no evidence that the defendants managed to seize any objects, although that was their initial intention.

What's important to note is that the man convicted of murder had a restraining order in relation to the victim, as he had previously attempted another robbery. In addition to the 12 years' imprisonment, the sentence includes a fine of 5,400 euros for breach of the order. He must also compensate the deceased's heirs with 65,000 euros for civil liability.

In this case, the prosecution had initially requested sentences of 18 years for the two defendants, considering that they had acted as co-perpetrators of the crime. However, the second defendant's sentence was reduced after the other man said that he was the person who had caused the elderly man's death. He made the confession on the morning that a jury was to be selected for the case.

Following his confession, the defence and the prosecution reached a plea agreement, agreeing to skip the trial and for the latter to modify the conclusions and the sentence to 12 years and two month for the main defendant and two years and two months for his accomplice.