Marbella three accused of murder and attempted murder each face almost 40 years in prison
The case is scheduled to be tried by jury from 17 November at the provincial court in Malaga
The three defendants accused of the murder of a man and the attempted murder of another in the Playa Álvaro residential area in Marbella on 15 November 2019, will be tried by a jury from 17 November onwards. The prosecution has asked for 38 years and eight months in prison for two of the defendants and 37 years for the third.
According to the private prosecutors, the murders took place in the context of a violent robbery attempt carried out by one gang (the three defendants) and targeting another gang (the two victims). The public prosecution states that the defendants had orchestrated a plan with the sole purpose of ending the lives of the two victims.
When the police arrived at the scene on 15 November 2019, they found one man dead and another in a critical condition. According to the preliminary investigation, two of the defendants, both of Romanian origin, went to one of the victims' houses at around 6.30pm. They were accompanied by the victims themselves, both of Moroccan origin.
The crime
Once inside the house, one of the defendants reportedly shot one of the targets in the chest with a .38 millimetre revolver. The bullet caused an entry wound below the man's collarbone and an exit wound in the back. He was dead when the police arrived.
The other defendant then reportedly pulled out a similar weapon with which he fired three shots at the second victim, who was hit in the abdomen, shoulder and leg. The man survived, although he suffered spinal injuries and other wounds that required surgery and rehabilitative treatment in specialised centres. He spent 153 days in hospital and despite the doctors' efforts, he was left paraplegic.
The deceased was shot in the chest, while the other victim was hit by three bullets, which left him paralysed
According to the prosecution, the defendants had held several meetings with the victims as part of their plan to kill them, in the days prior to the crime. On 12 November, the third defendant, of Spanish origin, who was not at the scene where the attack took place, met with one of the victims in the Plaza Mayor shopping centre. The following day, he also met with the other defendants and the victims at Hospital Costa del Sol.
On 14 November, he arranged another meeting at the same location. The murder took place the next day. After carrying out the attack, the two perpetrators met with the third defendant at one of the motorway exits in Coín.
Violent robbery and assault between gangs
According to the private prosecutors, who represent the survivor and the widow and children of the deceased, the three defendants were part of a criminal organisation linked to what the police call 'vuelcos': violent robberies of consignments of drugs or money from other gangs. They believe that this was the aim of the attack.
The Spaniard has been identified as the ringleader, who would have commissioned and instructed the other two individuals.
The private lawyers have requested that the three defendants be sentenced to life imprisonment with the possibility of review for the murder. They disagree on the sentence for the attempted murder, for which the lawyer of the surviving victim has asked for 15 years in prison, while the other lawyer, representative of the deceased's family, has asked for 13 years. Additionally, both prosecutions are requesting another two years for illegal possession of weapons and four more for membership in a criminal organisation.
The lawyer of the ringleader maintains that he did not participate in the assault, having only mediated with the other defendants to introduce them to other people involved in buying drugs. The plan was for him to receive a commission of some 4,500 euros for this. According to his defence, he had no knowledge of the crime.
