The Prosecutor's Office of the Principality of Asturias requests 1 year and 6 months in prison and distance for 5 years for a defendant accused of hitting a man in the head on a street in Oviedo in March 2021 because he told him to stop shaking his partner. The oral hearing began this Wednesday, May 3, in the Criminal Court number 3 of Oviedo.
The Public Prosecutor's Office maintains that, around 19:00 p.m. on March 4, 2021, the accused, born in 1993, was on General Elorza Street in Oviedo shaking a woman. At that moment a man was walking his dog and, seeing the situation, told him "enough is enough" to stop the aggression. The accused, seeing himself observed and realizing that the complainant had the mobile phone in his hand, reacted violently and after saying "You who are looking, are you calling the police?", he went towards him and hit him, throwing the mobile phone to the ground.
When the victim bent down to retrieve the phone, the defendant approached him from behind and punched him in the right temple and, after kicking the dog, ran away. However, he returned moments later, grabbed the victim by the neck, threw him to the ground and kicked and punched him in the head.
As a result of the events, the victim was left with several injuries that took 94 days to heal. The dog owned by the victim needed veterinary assistance for lameness on the right paw, rib pain and bruising on the left side; He was treated with antibiotics and anti-inflammatories.
The Prosecutor's Office considers that the facts constitute a crime of injury of article 147.1 of the Criminal Code and a crime of mistreatment of domestic animal of 337.4. And requests that the defendant be sentenced, for the crime of injury, to 1 year and 6 months in prison and special disqualification for the right of passive suffrage during the time of sentence; and for the crime of mistreatment of a pet, to 2 months of fine with a daily fee of 6 euros per day, with subsidiary personal liability in case of non-payment.
In addition, it is interested that the accused be prohibited from approaching the complainant, his home, place of work or any other place where he is, and from communicating with him by any means or establishing any written, verbal or visual contact, all for 1 years.
In concept of civil liability, the Public Prosecutor's Office requests that the defendant compensate the complainant with 30,000 euros for injuries and sequelae and with the amount that is accredited for the veterinary assistance provided to his dog, and to Sespa, for the expenses of medical assistance caused.
For the assault on the woman, urgent proceedings were followed in the Court of Violence against Women, in which a conviction was issued in March 2021 for a crime of injury. She, however, has defended him in the trial for the assault.
The accused has assured this Wednesday that the assaulted man had intimidated him with his look shortly before the encounter and has said that his reaction was due to the fact that he was medicated and under the influence of alcohol. His lawyer, José Miguel Méndez, has referred to the assault as "blows and punches given in a clumsy way," although a witness recorded the entire sequence.
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