The accused faces a prison sentence of up to 39 years for murdering, robbing, and defrauding a man he met on a dating app.
The popular jury has found the accused guilty of murder, robbery with violence, fraud, and identity theft of a man he killed on October 17, 2021, in Bilbao, whom he met on a dating app for gay men, facing a prison sentence of up to 39 years.
The jury members deliberated at 1:00 p.m. this past Monday, after four trial sessions in the Sixth Section of the Bizkaia Court against the man accused of killing another man, stealing his credit card, changing his banking codes to make withdrawals at ATMs, and making purchases at various establishments.
During the trial, the accused denied committing the crime, admitting only to the fraud charge, and in exercising his right to the last word, he asked the jury to be convicted «for what I have done, not for what I have not done.»
Shortly after four in the afternoon, the president of the popular jury read the verdict in which, by seven votes in favor and two against, they declared the accused guilty of the crimes of murder and robbery with violence.
Additionally, unanimously, the members of the popular jury found the accused guilty of the crimes of fraud and identity theft.
On the other hand, two jurors voted in favor and seven against the application of conditional review benefits for the accused, and unanimously agreed not to favor the proposition of a pardon.
PETITION FOR PENALTIES
After learning of the jury’s guilty verdict, the Public Prosecutor’s Office requested sentences of 25 years for murder, 5 years for robbery with violence, 3 years for fraud, and one year and six months for identity theft.
On the other hand, the private and public prosecution exercised by the Association of Gays, Lesbians, Transsexuals, and Bisexuals of the Basque Country, Gehitu, requested the imposition of a penalty of 25 years for murder, 3 years for fraud, 3 years for computer fraud, 3 years for identity theft, and 5 years for robbery with violence.
Furthermore, the private and public prosecution requested ancillary penalties consisting of a prohibition from residing in the place where the victim and his family resided for a period of 10 years to be served after the imposed prison sentence, as well as a prohibition from approaching any place where the family members are located, residences, or study centers, for a period of 10 years, and a prohibition from communicating with family members through any means of communication, electronic, telematic, written, verbal, or visual, for a period of 10 years.
The prosecution also stated that the execution of at least three-quarters of the prison sentence actually imposed should be ordered, with the remainder of the sentence being replaced by expulsion from the national territory.
Regarding civil liability, they requested compensation for moral damages arising from the violation of the right to life: 50,000 euros for the victim’s brother or heirs, 10,000 euros for the deceased’s uncle, and 90,000 euros for the mother. They also requested compensation of 7,240 euros for improperly obtained amounts.
On the other hand, the defense attorney only stated that they reserve the right to take further actions and resources, and the trial has been seen for sentencing.
FIRM SENTENCE FOR ATTEMPTED HOMICIDE
The accused already has a firm sentence of 10 years in prison for attempting to murder another man he had met through a dating app in December 2021, and another sentence of two years and three months for a continued fraud offense.
The accused, who is incarcerated in Basauri prison, has been investigated for his alleged involvement in at least five deaths of men he had met on a gay men’s sexual encounter app and his connection to a gang that stole credit cards.
To reach their verdict, the jury considered it proven that it was the accused who, with the victim’s mobile phone, from his home and once the victim had died, called the victim’s bank to change his codes and gain access to his accounts.
For this, they took into account the report from the Ertzaintza that compared the accused’s voice in the call he allegedly made to the bank with the statements the accused made in court in 2022 in another proceeding, as he had only testified in the trial court and not during the investigative phase.
Likewise, they considered it proven that the accused was at the victim’s home based on the telephone antenna reports carried out by the Ertzaintza, which placed him in the residence when he accessed the victim’s account online and was able to view the PIN.
In this way, the jury members did not believe the accused’s version, similar to the attempted homicide case for which he has a firm conviction, that he merely posted his photo on the dating app and that two other men entered the homes and provided him with credit cards, codes, and limits so that he, along with a fourth accomplice, could withdraw the money, which they then divided among themselves.
In that sense, they supported the prosecution and the accusation’s argument that, despite the lack of direct evidence, only circumstantial evidence, the death is «compatible with violent death» and that the accused «killed him with means, methods, or forms not determined.»
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