Sentenced to 22 years in jail for murdering Jessica Mndez in Barro (Pontevedra), whom he intentionally attacked | EUROtoday

The fourth part of the Provincial Court of Pontevedra, in accordance with the responsible verdict of the Jury Court, has sentenced 22 years of jail to Jos Carlos Eirn for the homicide of Jessica Mndez, which occurred in Barro in March 2022, when the defendant intentionally hit the younger lady's automotive along with his automobilewhich was stopped.

When handing down the sentence, the Court has taken into consideration the irritating circumstance of getting dedicated the crime. for gender causes. Furthermore, she has imposed the prohibition of approaching inside 500 meters of the sufferer's kinfolk and the romantic companionin addition to their dwelling, workplace or some other place the place they’re, and to speak with them by any means, instantly or not directly, for 32 years.

The Jury Court thought-about it confirmed that round 9:25 a.m. on March 17, 2022, on the N-550 freeway, close to the village of Constenla in Barro (Pontevedra), the accused, “with the purpose of ending the life of the victim”drove “intentionally” the automobile he was driving in opposition to hers, which was stopped, ready to hitch the N-550 from a secondary highway.

Thus, intentionally and circulating at some 80 kilometers per hourwent off the highway to the fitting till hitting the the driving force's door of Jessica's automotive, inflicting her accidents so critical that she died hours later within the hospital.. All of that is mirrored within the verdict and sentence, with out the younger lady having any chance of reacting or defending herself to keep away from the influence, so it’s understood that she was responsible of treachery.

The jury reached that conclusion after listening to the statements of the consultants from the ERAT (Traffic Accident Reconstruction Team) of the Civil Guard and earlier than the statements of the witnesses, who reported that, after the crash, José Eirón confirmed a “indifferent and passive attitude”with out being within the woman's situation and with out revealing that he knew her.

AGGRAVATING FOR GENDER REASONS

With respect to the irritating issue on account of gender, the Popular Court understood that “It was Jessica's indifference towards the person of the accused José Carlos, together with the fact that such indifference came from a woman, which determined his decision to direct his vehicle against the one driven by Jessica, violently impacting him”.

In the ruling, the Justice of the Peace factors out that, amongst different points, “the lack of recognition of the personal and sentimental self-determination of women for the mere fact of being one, of the freedom to choose who they want to relate to and who they don't” is “what underlies the accused's way of proceeding”. In this regard, the jury itself sees confirmed a scenario of “control” and prior surveillance, which worsened when Jessica started a romantic relationship with the person who was her boyfriend on the time of her loss of life.

DEFENSE ARGUMENTS

The protection, which has maintained that Eirn suffered an episode of drowsiness and acquired out of form unintentionaldemanded free acquittal or, alternatively, a conviction for reckless murder, and requested the applying of the mitigating measures of intoxication (because of the consumption of the drug Tramadol) and reparation of the harm (as a result of the accused tried to get his insurer to compensate the sufferer's kinfolk and companion). However, these two circumstances, by resolution of the presiding choose, weren’t included within the topic of the decision. In the primary case, since no take a look at was carried out relating to whether or not taking the remedy may have affected the volitional or mental capability of the accused.

In the case of the alleged restore of the harm, the Court's decision states that the actions to which the protection appeals, “they do not involve reparation or attempted reparation on their part, but rather are aimed at ensuring that a third party assumes such reparation, financially compensating the victims for the damage suffered in place of the accused himself”.

PENA

The Prosecutor requested for the accused the sentence of 24 years in jailwhereas the non-public accusations, made by the household and the one who was Jessica's boyfriend, requested 23 and 22 years in jailrespectively.

The provincial court docket has lastly imposed 22 years in jail understanding that the sentence applies within the higher half (when an aggravating circumstance happens), however within the decrease part of the relevant arc, that’s, nearer to twenty than to 25 years of jail.

In his resolution, the choose took into consideration the seriousness of the information and, particularly, the youth of the sufferer, who had not turned 30 when he died; or the best way he selected to commit the homicide, which made it potential for him to attempt to move off what occurred as a visitors accident; but additionally the absence of earlier conflicts between it and the accused.