Hell's Angel convicted for firing bullet that ricocheted and killed a Marbella DJ

The TSJA (Andalucía's High Court) has upheld the nine-year prison sentence for a Hell's Angel biker who accidentally killed a DJ after firing several shots into the ceiling.

One of the bullets ricocheted and struck the victim in the neck, killing him. The incident happened at an illegal party being held at a Marbella villa during Covid-19.

In the early hours of 29 March 2021, despite the ban on gatherings during the pandemic, approximately 35 people attended an illegal party at a house in Guadalmina Alta. While people were drinking and dancing, the defendant pulled out a 9 mm Parabellum pistol and fired three shots into the ceiling to get the attention of those present.

As the TSJA points out in its ruling, he did so "ignoring the required precautions for being in an enclosed space" and it was just bad luck that one of the bullets bounced off the ceiling and hit the DJ in the neck. The bullet severed the victim's jugular vein and he died moments later.

According to the judgement, a mass exit then ensued, with everyone scattering, including the shooter. Only one person attempted to help the victim, applying a towel to the entry wound. One of the first to flee was, in fact, the defendant, who left on a motorbike.

Later, during a police search, the keys to a jet ski were found in a safe at his Marbella residence. Inside the safe, hidden behind a false bottom, was a 9mm pistol, set to fire in automatic or semi-automatic mode.

This pistol is classified as a weapon of war, making its acquisition, possession or use by private individuals prohibited. It is also illegal as it lacked a serial number. A compatible silencer was also found, the use of which is prohibited under Spain's firearms regulations.

These events, for which Malaga's provincial court had already passed this sentence in the first instance, are now upheld by the TSJA, dismissing the defence's appeal. The defendant's lawyer argued that the sentence was based on the testimony of a protected witness, allegedly the only witness for the prosecution.

In this regard, in addition to questioning whether the witness met the requirements to be granted anonymity during the judicial process, he argued that there were contradictions in his testimony.

These claims were rejected by the TSJA, acknowledging that the witness's fear was understandable given that he knew the accused had ties to the Hell's Angels motorcycle gang, as corroborated by the police.

Furthermore, the TSJA concluded that the witness' testimony showed no evidence of ulterior motive. On the contrary, the ruling points out that in his account he made no accusations against the defendant, describing the DJ's death as an accident or misfortune, demonstrating that "he was only guided by the truth of what had really happened".