The Provincial Court of Almería imposed a sentence of 15 years and three months in prison to AGF to have killed in the lottery, 74 years old from Albox (Almería) to steal it. The event took place in the early hours of September 10, 2021, before he was the victim of a road accident with a vehicle that had been stolen the same night of the crime.
The judgment, rendered after the guilty verdict pronounced by a jury court, imposes on the accused 10 years and 10 months in prison for the crime of homicide with substance abuse mitigation. And another four years and 10 months for a theft offense with the same attenuating circumstances and a aggravating circumstance of repeat offensebecause of his experience.
The resolution also imposes the payment of 90,000 euros to each of the two children of the deceased as compensation plus legal interest. All this in the second version of the trial that the Superior Court of Justice of Andalusia (TSJA) ordered to be repeated after finding a lack of motivation in the first sentence.
“Several stab wounds”
The events occurred in the early hours of September 9 to 10, 2021, when the accused showed up at the victim’s home between 2:30 a.m. and 4 a.m. with the intention of robbing her. In addition, I knew she lived alonesince they were both neighbors and he earned money from street lottery sales.
When the woman opened the door, the defendant He inflicted “several stab wounds” with a razor or knife with the intention of ending his life, causing up to nine injuries to his neck and chest. The lifeless body, half naked and lying in a large pool of blood, was only found at 2 p.m. on September 10. The accused, once the woman was on the ground, grabbed a black bag with money and valuables, in addition to two cell phones that could not be recovered. Then he left the house.
He was arrested a few hours after leaving La Inmaculada Hospital, where he was admitted after a road accident with a stolen vehicle the same morning. At the time of the events, his abilities were slightly reduced due to his serious addiction to narcotics.
DNA under the nails
In addition to all the evidence demonstrating the defendant’s presence in the house, through witness references and the phone tower report, jurors highlighted how DNA testing revealed that under the fingernails of seven of the victim’s fingers there was a compatible genetic profile with that of the accused.
They also took into account the statement of the officers who detained the accused, which was cleared when he was transferred to police stations. call your mother in which he asked her to buy him two new tracksuits, two pairs of underwear and to set fire to all the clothes he had in the house. This extreme was like an attempt to remove any traces of the victim’s blood that might be on the clothing.
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