A man employed as a waiter at a Benidorm bar has been sentenced to five years in prison for attempting to kill a customer by the Tenth Section of the Alicante Provincial Court. The victim and the convicted individual will be prohibited from engaging in any form of communication or coming within 300 meters of each other for a period of six years.
Furthermore, he is obligated to provide him with €42,500 in compensation for the aftermath of the assault and the days of personal injury he endured. The judgement is not definitive and may be appealed to the Civil and Criminal Division of the Superior Court of Justice of the Valencian Community (TSJCV).
On October 2nd, 2022, at an entertainment venue in Benidorm, the incident happened shortly before 2:00 a.m. After an argument, the man who was later convicted exited the bar with a sharp object and, with the intention of killing the victim or at least contemplating taking his own life, attacked him in the neck with the sharp object. The victim sustained severe, life-threatening injuries.
The injuries resulted in bleeding from the carotid artery, affected his mandible and neck, and injured a nerve in his larynx. He was admitted to an intensive care unit (ICU) following the operation, and it took him 36 days to recover from his injuries. He required emergent surgery.
According to the TSJCV (High Court of Justice), the victim sustained a voice disturbance and the paralysis of one of his vocal cords as a consequence of the attack. Additionally, he sustained numerous scars on her chin and at the base of her neck.
The court maintains in its ruling that the events described constitute attempted homicide. This conclusion is based on the statements of the victim and two witnesses who provided “credible” statements that are “persistent and consistent in their respective versions, which complement each other and are consistent with the injury outcome established in the forensic medical report.”
The judges determined that the convicted man acted with homicidal intent by damaging the carotid artery, a “blood vessel essential for life,” as indicated by forensic results. However, the fatal outcome was averted by the prompt and diligent medical intervention that ensued.
The court rejected the possibility of self-defence in the convicted man’s actions due to the nature of the assault as documented in the medical reports, which was “an attack that occurred after the argument and was carried out unexpectedly.”
Author: Derek Appleton
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