Catalonia: An instructor from the police school is tried for shooting an aspiring mossa during an exercise
More than 11 years after a tragic accident at the Police College, the sentence has arrived.
The Audiencia of Barcelona has sentenced José Pablo HR to five months in prison for a crime of injuries that cause uselessness committed by gross negligence.
The condemned man was an instructor at the Police School of the Institut de Seguretat Pública de Catalunya in February 2009 when he accidentally fired his pistol during an exercise, hitting the bullet at an aspiring Mossos d'Esquadra who suffered leg injuries that have resulted in various sequels.
The sentence, to which this newspaper has had access, indicates that the condemned man was with another instructor in the displacement classroom, "known as the
killer house
", to explain to aspiring police officers how to enter a home with a weapon to surprise suspects This classroom had a first area that simulated a floor and above it a catwalk where students and instructors could watch the other classmates exercise.
On the day of the accident, the teachers were in the first area to better explain how to enter the registers while about 20 students, including the victim, were on the catwalk.
The court indicates that the convicted person had to demonstrate the best way to point the weapon in front of a criminal who poses a threat and for this he used his regulation weapon despite the fact that he failed to comply with "the regulations of the center that prohibit" that these pistols carry the magazine Incorporated.
According to the court, the condemned man "took the weapon, took it out of the holster, turned, turning his back to the students, ran the slide and turned around. He showed the open weapon to his partner, who did not look, and to the rest of the students who did not they had good visibility to see that the charger was on. "
Despite this, "the victim failed to comply with his obligation to realize that the magazine was on, the slide ran again, so the weapon was ready to fire and pointed forward where it was within its trajectory", although towards the ground.
Then "he pressed the trigger, and due to the impact on his hands from the recoil of the weapon, he raised his hands slightly so that the projectile hit the thigh of the right leg" of the student, who after being shot "began to scream in pain" .
The instructors treated her by covering her wound until the School's assistance team arrived shortly after.
The student had to undergo emergency surgery that same day and as a result of the gunshot injuries she suffered a thrombectomy.
The ruling indicates that he currently has several sequelae from these wounds such as pain in the femoral nerve, limitation of active knee flexion or obturator nerve paralysis.
"The injuries described are mostly permanent in nature, which do not prevent him from carrying out all the tasks of the Mosso d'Esquadra profession, but they do prevent and contraindicate certain sustained intense and moderate physical work, so it determines that within of the Mossos corps, develop a sedentary and light physical job, "says the court and adds that neither can" carry out normal activities of life, such as doing certain sports, driving long journeys and ultimately all those who involve standing for a long time or sitting for a long time. "
Therefore, the sentence considers that she must be compensated with more than 85,000 euros of which the insurance company of the Police School has already recorded about 55,000 and the rest, more than 30,300, must be paid after the judicial decision, although in the event of Failure to do so was declared to the Generalitat as a subsidiary civil liability.
In addition to the prison sentence, the instructor may not be a teacher for five months or carry weapons for a year.
The court details that the convicted man's own statement during the trial specifies that "the only possibility that the gun fired is because the magazine was on, and concludes that he inexorably put the magazine on his gun even though he does not remember it" in addition to adding that the The previous week he had been on duty and that at that moment they are carrying the weapon loaded, so "that day he arrived at school and by inertia he took the magazine out of its holster and put it in the weapon."
"It clearly illustrates to the court that when the gun is loaded when moving the slide backwards you can see the magazine, if the gun is not loaded when moving backwards the slide shows the void, because there is nothing, it is a hole" , indicates the sentence that details that the convict did not realize that there was a bullet due to an "optical illusion", as the psychologists told him to whom he went to help him overcome this trauma.
However, the magistrates believe that he was reckless in carrying his service weapon in the exercises and not removing the magazine and the bullet in the chamber.
They point out that the condemned man thought he did not have it and that is why when he pulled the trigger and found resistance due to the recoil, the pistol went up and hit the student.
That is why they condemn him.
According to the criteria of The Trust Project
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