The sentence imposes 27 years and six months in prison on Juan Pedro M.A. and 17 years and six months on his father, Pedro M.M., for the murder of Antonio B.B., aged 38, and four counts of attempted murder. These events are framed within a conflict between two family clans from the Orcasitas (Usera) and Pan Bendito (Carabanchel) neighborhoods.
According to the ruling, Juan Pedro M.A. receives 10 years for the consummated murder, four years for each of the four attempted murders, and one and a half years for illegal possession of weapons. His father, Pedro M.M., has been sentenced to four years for each attempted murder and one and a half years for the same weapons offense. In both cases, an incomplete exculpatory circumstance of self-defense is recognized.
The judicial decision is the result of a trial with a popular jury and concludes that the defendants acted within the context of a prior conflict. The aggression began when members of the B. clan went to the M. family's home to demand an end to alleged threats.
The proven facts indicate that, after a call from Mariano B. to Pedro M.M. ('Perico'), both defendants began shooting at the group gathered in the street. Pedro M.M. used a revolver, and his son Juan Pedro M.A. used a semi-automatic pistol. At least ten shots were fired.
Two of the projectiles fired by Juan Pedro M.A. hit Antonio B.B. in the back, causing his death from hypovolemic shock and abdominal ischemia. The other four targets of the shots did not suffer injuries, but the court considers the intent to kill towards them to be proven.
The police investigation found shell casings and ballistic debris, and gunpowder residue analyses confirmed the recent use of firearms by the defendants. The sentence also highlights the presence of DNA from both defendants on holsters and bags, and the link between the weapons and the shots fired.
The defense argued fear due to the arrival of the family group, alleging a possible attack. The sentence notes that the group arrived "shouting and threatening," which generated fear in the defendants.
The jury also declared it proven that an unidentified person from the group in the street fired towards the M. family's building after the victim fell, leading to a brief crossfire. However, the Court dismisses these shots as the cause of death.
The judge emphasizes the ballistic expert evidence and testimonies, maintaining that the fatal shots came from the semi-automatic pistol used by Juan Pedro M.A. and rejecting the defense's version and the use of a shotgun.
In its legal reasoning, the Provincial Court classifies the attack as murder due to treachery (alevosía), as the victims were surprised without a real possibility of defense. The use of firearms against unarmed individuals clearly demonstrates homicidal intent, citing Supreme Court jurisprudence on eventual intent and treachery in murder cases.
An appeal against this sentence can be filed before the Civil and Criminal Chamber of the High Court of Justice of Madrid.
