• Trial: Julen's parents ask for three and a half years in jail for the owner of the well for the murder of his son
  • Investigation: Forensics agree that Julen only took a few seconds to die after falling into the pit
  • Cross accusations. The owner of the Totalán well where Julen died blames the parents: "I am guilty, they are guilty for not being attentive to their son"

The Court of Instruction number 9 of Malaga has agreed to open an oral trial against David Serrano , the owner of the farm where Julen died, the two-year-old boy who fell in January of this year in said drilling. In addition, the payment of a bond is imposed to ensure the financial liabilities of 885,300 euros.

This is stated in a car to which Europa Press has had access in which it indicates the opening of an oral trial for a crime of homicide for serious imprudence and it is agreed that the prosecution be held in a Criminal court, maintaining the same situation of freedom of the accused.

As for the deposit requested, in the car, advanced by the newspaper SUR , it is indicated that in case of not paying them, assets will be seized in sufficient quantity to ensure the sum indicated, which is established taking into account the written submission presented by the Board of Andalusia , personified in the cause as injured, in which fixed at 663,982 euros the damages caused.

In this document, to which Europa Press has had access, the Andalusian Administration reaches that final budget of the emergency works that were carried out in the area because of the rescue, after the execution of the works in its entirety and once it has been had the breakdown of the companies involved and the assessment of these actions.

The Prosecutor's Office, the private prosecution, on behalf of the child's parents, and the Andalusian Board requested the opening of an oral trial against Serrano for a crime of manslaughter due to serious imprudence. Initially, the public ministry requests three years in prison, while the representation of the parents asks for three and a half years in prison.

Homicide for serious imprudence

After the indictments have been submitted, the judge considers that the opening of an oral trial must be agreed upon when "rational evidence regarding the perpetration of a crime of manslaughter due to serious imprudence" occurs.

The judge already considered that Serrano "was aware that the well was uncovered without being protected with sufficient security measures" and that the owner of the farm "did not adopt any security measures to avoid any accident, mainly in the well done "and has not been credited to alert the existence of the same" whose visualization was also difficult ".

The Prosecutor's Office, in its letter of provisional accusation, emphasized in the same sense that the defendant "had not signaled or warned" of the presence of the survey and insisted that "he was the only connoisseur" of the existence of the well for which the little one fell, adding that "the others did not know" the presence of the same since "it was barely visible".

The private prosecution also blamed the defendant for "negligence" that is "extremely serious" and omissionate behavior, disregarding the observance of any security measure, taking into account both "the seriousness of the defendant's action" and the result ; as well as his behavior, in which he understands that there are "many normative infractions."

Now, lawyers defending the accused must submit a letter expressing their agreement or disagreement with the accusations. From the defense they have indicated that they study to formalize a request for bankruptcy to "prove that if they do not pay it is because they cannot, and not because they do not want to".

According to the criteria of The Trust Project

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  • Andalusia
  • Malaga
  • Julen Rescue

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