The Civil and Criminal Chamber of the Superior Court of Justice of La Rioja has dismissed the appeal filed by the defense attorney for the man convicted of the murder of the 9-year-old boy Álex on October 28, 2021 in Lardero.
The TSJR fully confirms the sentence handed down by the presiding magistrate of the Jury Court of the Provincial Court that sentenced the perpetrator to permanent reviewable prison for the crime of murder and to 15 years in prison for the crime of sexual assault. The facts were prosecuted by the Jury Court which unanimously issued a guilty verdict against the defendant for both crimes.
The TSJR rejects the allegations presented by the defendant’s defense attorney Francisco Javier Almeidawho requested in his appeal the application of the mitigating factors of confession, reparation for the damage and that the aggravating circumstance of treachery in the crime of little Álex be excluded.
The appeal raises the absence of treachery because it is argued that the child’s death was “circumstantial”, because the accused does not “have a preconceived plan to kill”, and because when the death occurred, Almeida “went out to seek help”. .
The Chamber dismantles the defense arguments and concludes in its judgment that the method used by the defendant to cause the death of Álex, grabbing the minor from behind by the neck with extreme pressure, covering his mouth until he suffocated him, the difference in size between the aggressor and the victim, as well as the decision of the defendant to take the minor home, eliminating the possibility of escape, defense or request for help, leaves no doubt that his intention was to cause his death, therefore it cannot be considered accidental or reckless death . In this sense, the Chamber affirms in its judgment that it is a murder with treachery.