Thursday, 5 January 2023, 14:49
A father and son have each been given five-and-a-half-year prison sentences after being found guilty of shooting a man in Marbella. The sentence is the result of an agreement between the parties and considerably reduces the request of the prosecution, which initially argued that the crime was attempted murder and asked for more than 14 years in prison for both men.
The inicident happened at around 3.50am on 6 August 2020 when the 112 emergency services number received several calls from individuals reporting a shooting in the town’s Las Albarizas neighbourhood.
National Police were immediately called to the scene and a 29-year-old Spanish national was treated for a gunshot wound to the face. He was initially taken to the Costa del Sol hospital and later transferred to Malaga’s Regional Hospital.
The victim was Antonio, who a few months after the shooting, gave an interview to SUR, in which he said that the reason behind the incident went back to a crime that happened in 2015 when a 23-year-old man was killed. Antonio claimed that his only connection to the incident was the relationship he had with the man's family.
Antonio went on to explain that on 6 August 2020 he decided to go back to take a look at some apartments because he had been told that they were being occupied by squatters. "I went at three in the morning so as not to disturb anyone. I thought they would be asleep," he explained.
However, they weren't and Antonio was shot. The bullets entered through the passenger side of his car and one of them hit him. It entered his right jaw and went straight through and out on the left side, by his earlobe. "I thought I had been shot twice because I was bleeding on both sides of my face. I felt very dazed, I was losing a lot of blood," he said.
He tried to drive to the health centre, but crashed into a taxi. Antonio, who has three children, has some vague recollection of his arrival at the clinic. "I collapsed and thought: 'I'm leaving this world'. I felt I would never see my children again”.
When he regained consciousness, he was in the ICU at Carlos Haya Hospital. "At first you think that God has given you another chance. Everyone tells you that you have been born again. But afterwards, when you see the after-effects.... I am not the person I was".
A few days later, the National Police arrested a father and his son on suspicion of firing the bullet. Both were arrested in an operation by the National Police after a long and complex investigation.
The prosecution considered that the father and son were each guilty of one count of attempted murder and one count of illegal possession of weapons. For both offences, the prosecution asked for 14 and a half years' imprisonment, as well as compensation of 15,000 euros for the victim.
The defendants, represented by the lawyer Manuel Huertas, were able to reduce the sentence to four years and six months for a crime of attempted manslaughter, plus one more for illegal possession of weapons.
Before the start of the trial, both defendants deposited the sum of 20,000 euros in compensation. A restraining order has been placed on both defendants banning them from being within 500 metres of the victim’s place of work, home or any other place he frequents. They have also received a ban on communicating with him by any means for a period of ten years longer than the prison sentence.
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