The Superior Court of Justice of Andalusia (TSJA) has lowered the sentence 20 years and six months imposed on the ex-husband of Rosa Galera, who was murdered in Fines (Almería) May 2011, considering that the penalty for illegal possession of weapons was “arbitrary” for not taking into account that it was his “own statement” the “only reason” for which he could be found guilty of this offense. Le impone, and one year in jail compared to two years and six months fixed the Audiencia Provincial de Almería.
The High Court, however that does not change the penalty 19 years for murder of Oscar P.F., yes rebate 30 to six months imprisonment sentence to Francisco Javier RF. and holding that “more than cover” his friend by not disclosing the crime and provide “the right tools” corpse for burial, “actually, helped him with acts of effective cooperation but not essential to autoencubrirse”.
The living Criminal and Civil partially upheld appeals defenses in ruling that, however, adjusted rate of punishment for the crime of murder as –stresses– “not only that there was a treacherous death, but a particularly aggressive and despicable attack”.
“It should be noted that after shooting the victim in the abdomen, took the decision to change weapon, take a knife and slit her throat, which expresses a special aggressiveness, close to cruelty”, to warn that ensures, even, “may be more deserving of punishment regardless besides criminal records” Oscar P.F., that, although it was not computable, they can be considered as “personal circumstances of the offender”.
To modify the judgment of the Third Division after a jury convicted both defendants declared, TSJA argued in the case of the murderer of Rose Galera in the proven facts “only says” on the illegal possession of weapons took a gun “handmade, projectile mounted cartridge type 12 mm with pellets of 9th class”.
“This is based on defendant's own statement and purity should be appreciated as a mitigating confession. It therefore would be a penalty or based on arbitrary reasons inatendibles”, deepens.
The resolution, made public Wednesday by the Andalusian High Court, collected with respect to concealing, who was initially sentenced to two years and six months in prison, they knew that “that morning that Oscar had killed his wife and did not report it despite knowing that she was looking for her missing Rosa, could be morally reprehensible but not criminal”.
“Was provided to offer something that needed to perform the burial suspicions promptly and out, specific transport was where Oscar had the necessary tools and transportation to a second vehicle from where left left the victim once he extracted his body for burial. It is a non imprescidible conduct”, stresses.
The verdict said Oscar Mp. prepared early in the morning 30 May 2011 murder and, with the “clear purpose to end his life”, took a gun and a knife crafting before approaching the victim in an industrial area by driving in the car.
She testified that the defendant was tried in possession of his faculties when, once inside the vehicle, Rosa Galera shot up to the abdomen and later slit her throat and thus end his life.
After the crime, hid the body in the trunk, went home to change clothes and asked a friend to help dispose of the body in a cave located in a place “inhospitable and uninhabited” the town of Tabernas and detached car woman, which was found in the neighborhood of El Puche in Almería.