The judicial investigation into the death of a 26-year-old man who was punched near the Copity nightclub on the Playa de San Juan golf course in Alicante is nearing completion. The Provincial Court has approved a popular jury trial, as requested by the private prosecution led by lawyer José Moreno Bernal on behalf of Rubén’s family.
The private prosecution believes that the facts constitute the crime of intentional homicide—the accused was aware of the potential consequences of his attack on the young man’s life—whereas the defence and the Prosecutor’s Office believe that it could be the crime of negligent homicide combined with the crime of bodily harm, and thus the trial should be held in a criminal court.
Alicante’s Investigative Court No. 7 agreed to turn the proceedings into a jury trial in July of last year, and the Tenth Section of the Court recently denied the defendant’s defence’s appeal against this decision, which was also backed by the Prosecutor’s Office.
The Court clarifies that, while both parties argue that the Institute of Forensic Medicine report indicates that Rubén died as a result of the impact of his head on the ground and that the blow was incapable of causing death, this is “an evaluative element proper to the oral trial,” and it will be decided at the hearing whether it was a reckless death or homicide due to eventual intent, as the private prosecution claims.
The Court’s decision states that, despite the existence of “serious and well-founded legal and jurisprudential arguments” in the arguments presented by the defence and prosecutor, “the theory that the acts could have been committed with intentional intent cannot be ruled out, and is an element that must be elucidated with all due guarantees in the oral trial.” According to the ruling, a jury trial will allow the facts to be reviewed, either “with the most serious criminal offence charged—typical of such proceedings—or with the less serious offence, in the event that acquittal is not appropriate.”
Following the Court’s judgement, the parties must be summoned to appear before the court as established in the Jury Law to clarify the allegations, request a dismissal, or request the execution of investigative actions.
In addition to obtaining a jury trial, the private prosecution lawyer, José Moreno Bernal, was able to persuade the Court to support his request for the appearance in court of potential subsidiary civil parties of the Copity nightclub – “Como Suena Alicante SL” -, the leisure area’s security company – Levantina de Seguridad – and the complex’s owner, Hansa Urbana.
Background
The National Police apprehended the man accused of murdering Rubén, a 33-year-old, who was released on bail of 5,000 euros after spending less than two months in pretrial detention. At the time of his arrest, he had a criminal record for assault, abuse, and resisting police.
On October 22nd, 2022, the 26-year-old was expelled from the Copity nightclub at the Laseda Gastro Village leisure complex, now known as Logozo, located in the golf region of Playa de San Juan.
While being escorted out of the entertainment area by a security guard and being reprimanded by the Copity nightclub staff for hitting three people in less than five minutes, the young man was punched, knocking him down unexpectedly and killing him as a result of the force of his head striking the ground. The individual who punched him then exited the arena, stating, “Let’s go home, it’s over!” as captured on film.
One of the videos provided to the case shows the victim confronting the man who then attacked him and hit him in the face.
The young man was left comatose on the floor, and when emergency personnel arrived, they were unable to revive him. According to the National Police, officers deployed at the scene attempted to revive the victim alongside medical personnel, but he died on the spot.
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