The judge has imposed reviewable permanent prison, the maximum penalty that can be sentenced in Spain, to the man who murdered his partner, leaving her to die during a diabetic crisis and recording his agony on video in the early hours of June 17, 2019 in Viladecans (Barcelona).
On trial for letting her partner die while recording her: “He cruelly killed her out of jealousy”
It was an unusual case: a murder by omission. The sentence bases the guilty verdict made by the popular jury that judged Mariano Daniel VA and imposes the reviewable permanent prison requested by the Prosecutor’s Office and the particular accusations of the victim’s family. The ruling rules out the defense’s claim that the case was settled with a minimum sentence.
“S.’s death would not have occurred if Mariano, seeing the state she was in and how she was deteriorating, had asked the emergency services for help,” the sentence emphasizes. The magistrate Joan Francesc Uría remarks that Mariano Daniel VA “did nothing” to help the victim “because he wanted his death to occur or because he foresaw that he might die and he did not care”, despite his duty of “mutual aid” that He imposed his status as a couple.
The sentence completely rejects the theses of the defense, which went from re-victimizing the couple, pointing her out as a bad mother, alcoholic, drug addict and bankrupt and demanding free acquittal to opening the door to a lesser conviction for omission of the duty of relief at the end of the trial. She even argued the defense that the murderer and victim did not have a relationship, an extreme also denied.
The forensic reports had denied the portrait of the victim that the accused had drawn and revealed that, at the time of death, the woman had not ingested alcohol or anxiolytics and her body only had a small amount of traces of cocaine. In fact, the jury declared that it was not proven that S. made a “toxic consumption” of alcohol and drugs, and the sentence places the victim in a condition of “particular vulnerability” due to her diabetes.
Moreover, the sentence considers that the videos recorded by the accused were an attempt to “build an alibi”, because in some sequences he pretended that he was trying to help the victim. “The recording of the agony is clearly incriminating evidence that speaks for itself,” settles the ruling, which stresses that the convicted person “increased the victim’s pain with his burlesque and humiliating behavior.”
The comments of Mariano Daniel VA in the videos he recorded of the agony, the ruling abounds, are “highly humiliating acts of someone who owed S. respect and special consideration for the relationship they maintained”, which also “increased the suffering of the woman in a cruel and unnecessary way”, for which the judge imposes the aggravating circumstance of cruelty.
Before the crime, the convicted man also mistreated the couple on at least three occasions, hitting her in various parts of the body. All this with the aim of “belittle” and “control” the victim. The jury relied on the audios and calls recorded by the victim. “I have to leave the bar crying and sobbing because of how my face looks and I can’t say again that I fell, my eye is swollen, I don’t deserve a person who crushes me and does what you do to me,” he told her. S. said to his murderer days before the crime. “You don’t call me a whore or a fucking slut, you don’t tell me everything you’re telling me, you don’t gloat over everything you’re gloating over me,” he had sent her earlier.
For this reason, the magistrate sentenced the murderer to two years in prison, others for crimes of abuse. The sentence is completed with an extra year in prison for a crime against privacy for having recorded the woman’s agony without her consent. Mariano Daniel VA will spend almost the rest of his life in prison.