Marta Rama as the author of a crime of murder already defined, with the concurrence of the mixed circumstance of kinship as an aggravating factor, was sentenced to the penalties of twenty-one years in prison and absolute disqualification during the time of the sentence and as the author of a crime of Illicit possession of weapons already defined, without the concurrence of circumstances modifying responsibility, to the penalties of 1 year in prison and special disqualification for the right to passive suffrage during the time of the sentence.
For his part, Nelson Dos Anjos as the perpetrator criminally responsible for a crime of murder, concurring the analog mitigating mental disorder to the penalty of 15 years in prison and absolute disqualification during the time of the sentence.
THE FACTS
The victim lived in La Felguera in a home he shared with his partner, the accused, with whom he had had a romantic relationship since 2007, only interrupted during 2012. For health reasons, the man was retired, not he worked and hardly left his house.
The accused maintained, in parallel to the relationship with him, several sporadic relationships of sexual content with third parties. In the months prior to his death, he began a relationship with the accused.
As of the summer of 2017, the defendant, after gaining the defendant’s trust, began to convey to him the need to end the life of her partner, claiming that he was mistreating her and that, in the event that he found out about the relationship that both maintained, his life would be in danger. The defendants then began to prepare how and when to end their life.
Thus, they studied their habits and the defendant informed the defendant of the place where his victim kept the vehicle and provided him with the data of the same, color, model, license plate, even going as far as to travel to La Felguera on occasion to see the place first-hand. and the possibilities of carrying out your plan. Previously, the defendants had bought, without knowing how, a 9-millimeter caliber pistol, for which none of the defendants had a license or membership guide.
Once the decision was made, on December 6, 2017, the day before ending his life, the defendants made a first attempt to kill him, so that nothing more than the victim contacted the defendant via WhatsApp, at 1:10 p.m., to Telling him that he was going out to wash the car, she, almost immediately, communicated it to the defendant. To do this, he made a 54-second call, in which he provided the information.
Then, the defendant moved to the town of La Felguera and stayed, according to the telephone masts, near the garage where he knew from the description provided by her that the victim was keeping his vehicle. However, the attempt was unsuccessful, as he was unable to meet him, despite the fact that he called his cell phone from a phone on behalf of an acquaintance, which the accused used to avoid being discovered.
In the absence of a response, and after also sending him an SMS, he left the place at 2:37 p.m., without achieving his purpose. The defendants, determined to kill him, and after the failure of the previous day, decided to act again on December 7. That day, the victim sent the message “I have to go see the one above” by WhatsApp at 1:24 PM.
Thus, following the plan drawn up, the defendant immediately contacted the defendant, who, once informed of the victim’s departure from the home, at 4:28 p.m. went again to the vicinity of the garage, on Ingeniero Street. Fernández Casariego de Langreo.
At around 6:07 p.m., the man arrived at the garage aboard his vehicle. Taking advantage of the opening of the door, the defendant entered the parking lot and, once he had parked and was out of the car park, the defendant went towards him and, as they had previously prepared, told him that a few days before he had given him a hit to your car.
Then, when the man went to turn on the light on his mobile to see the alleged damage, the accused shot him up to three times. The victim died without being able to foresee or adopt any attitude of protection or defense in the face of the unexpected and surprise attack carried out by the accused.
After ending his life, the defendant fled to Oviedo, stopping during the journey in order to dispose of the weapon, which he threw at some point between La Felguera and Oviedo. During the trip, he made a phone call to the accused at 6:42 p.m. Upon arriving in Oviedo, he met her. After killing him, the accused began to live together in Oviedo. They were arrested on October 16, 2018.
