Malaga Confirmed the sentence against the only defendant in the Julen case: "At no time did I want anything to happen to the child"
Malaga Julen's parents smile again with the birth of their daughter
The owner of the farm where
Julen
died , the 2-year-old boy who fell into a well in
Totalán
(Málaga), who was convicted of gross negligence, has been released after not committing a crime for two years.
David Serrano
was sentenced in January 2020 by the Criminal Court number 9 of Malaga to one year in prison and to compensate the parents with
180,000 euros
after a consent agreement and the magistrate agreed to
suspend the prison sentence
with the requirement of not committing a crime in two years and pay what is established.
After two years, the head of the Criminal Court number 9 of Malaga has agreed to remit the sentence of one year in prison as well as cancel the registration made in the special section of the Central Registry of Prisoners and Rebels, according to the order, to which EFE has had access.
The judge explains in the judicial resolution that he adopts said measure since the fixed period of suspension has elapsed without committing a crime and indicates that in terms of the payment of civil liability he has been paying.
Although he highlights that "even though it is an indisputable fact that the convicted person has not paid his total payment", he has only paid "a tiny part" during the execution, since it was agreed that he would only pay
50 euros per month
until his economic situation improved.
The magistrate indicates that despite the small amount, it has been done late on several occasions and that it has been necessary for the Court to make
several reminders
that he had to repay the agreed money.
Due to these delays, the judge even opened the procedure for revocation of the benefit on two occasions, although in the end it was not revoked.
The judge emphasizes that civil liability does not prescribe and that it remains pending, so the Court will periodically carry out property investigations and seek help from the Judicial Police in order to know their economic capacity "in case the opening of the enforcement procedure or the adoption of other measures aimed at compensating the injured parties".
The attorney for the owner of the farm, Antonio Flores, has said that he has always maintained that the sentence was
unfair
since it was a tragic accident and that his client was not the person who made the well, "a professional did it."
Regarding the state of mind of his sponsor, he has indicated that he
is still trying to recover
because "it was very hard and the sentence will be for life" and he has said that he hopes that the remission of the sentence will help him rebuild his life even if he never fully overcomes it.
On January 13, 2018, the defendant went in the company of his partner and his youngest daughter, as well as the parents of Julen and their little boy, to the plot with the intention of making rice and spending the day in the field.
Julen got down from the chair where he was sitting, got into a shallow ditch and started running and, although his father ran after him to prevent him from getting hurt, the little
boy slipped through the mouth of the well.
The prosecutor and the private prosecution always maintained that the defendant was the only one aware of the prospecting presence and that Julen's parents and the defendant's partner were unaware that they were preparing food 17 meters away from an uncovered well.
The little boy was rescued lifeless on January 26 at 3:29 in the morning and the cause of his death was due to the fall into the well in which he suffered head and spinal cord trauma.
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