Ana María Ortiz Madrid

Madrid

Updated Monday, February 12, 2024-01:41

The 2nd year ESO student who

killed a teacher with a machete

in Barcelona, ​​the 13-year-old girl who fatally stabbed her father in Toledo or the 11-year-old boy who raped a teenager in a park. None had to respond to justice because they were

minors under 14 years of age

and had no criminal responsibility. These are some of the most serious precedents in the Castro Urdiales case, where the youngest of the two brothers who allegedly killed his mother,

Silvia López Gayubas

, is not responsible. Some families of the victims ask for a reform of the Minors Law.

ATTACK ON AN INSTITUTE

The 13-year-old student entered the

Joan Fuster Institute

in Barcelona, ​​more than an hour after classes started, after nine in the morning on Monday, April 20, 2015. He knocked on the door of his 2nd year ESO classroom. and the teacher opened it. As soon as he entered, he took a crossbow out of his backpack and shot the teacher, wounding her in the face. The teacher's 13-year-old daughter, who was in the classroom,

tried to help her mother

and was also injured in the leg.

Upon hearing the screams of the students, the Social Sciences teacher, who was teaching a class next door, went to see what was happening and the student stabbed him in the chest with a machete.

Abel Martínez

, 35 years old, who had only been at the center for ten days doing a substitution, died in a few minutes.

The attacker then went to another classroom and

stabbed

another student in the chest, who survived. A Physical Education teacher,

David Jurado

- who would later capture his reflections on what happened in the book

The Forest Can't See the Trees

- approached him, calmed him down and got him to drop his weapons. The attack left one dead and three injured.

The medical examinations to which the minor was subjected determined that he had acted under

a psychotic break

. Only two weeks later, the court in charge of the case

closed the case

because the author of the events was unimpeachable and "the intervention of third parties of legal age was ruled out." The judge, however, transferred the proceedings to the General Directorate of Care for Children and Adolescents (DGAIA) of the Generalitat in case he considered it appropriate to adopt some type of measure regarding the minor. According to the press of the time, he was

admitted to a psychological center

supervised by the Government.

The case was filed criminally, but

Abel Martínez's parents

initiated an administrative claim to request compensation considering that the center's security failed. The Generalitat was sentenced to pay the family

250,000 euros

, a sentence that the Supreme Court ratified in October 2019.

THE STABBED FATHER

Mariano Calvo

died on June 17, 2007, bleeding to death, after suffering

two stab wounds

, on the sidewalk at number 19 Arroyo Street, in Toledo, where his ex-partner and his daughter lived. The 37-year-old man, nicknamed

Chori

,

had been released from prison

a few days earlier after serving time for several crimes, including robbery with violence.

According to the reconstruction of the events carried out by the Police, it was allegedly his 13-year-old daughter who, after an argument, stabbed him twice with

a 25-centimeter-long knife

when both were inside the house, in the kitchen.

Mariano tried to flee and collapsed at the door. The alleged perpetrator, because she was under 14 years old,

was not detained

and the case was filed. The newspaper archive does not record whether any type of measure was taken on it.

Demonstration in Carballiño by Nuria.BRAIS LORENZOEFE

"FEEL WHAT IT FELT TO KILL"

Nuria and her attacker, both 13 years old, were

childhood friends

. On September 9, 2021, when they were at her house, in

Carballiño

(Orense), he began to hit her hard on the head with a metal bar. The teenager fell off the balcony and ended up lying on the sidewalk and seriously injured. The Police estimated that she had jumped trying to flee.

The local press reported that the aggressor, who was described as "gifted", with an IQ greater than 130, later called 112 and told the operator that he

had killed his friend

. He remained in the house until the agents arrived, to whom he told that he had done it to "feel what it felt like to kill."

As a result of the severe injuries suffered, Nuria remained

in a coma for ten days

. Three days after the events, on September 12, while she was still unconscious in the hospital, her sister started a petition on

change.org

to request a

reform of the Minors' Law

that has collected 11,000 signatures. "Nuria is currently hospitalized receiving intensive care in the resuscitation unit while her attacker cannot be held accountable because she is 13 years old," she said.

Two months later, on November 24, the sister expanded her letter in search of other affected families and the support of parliamentary groups to make a formal request for reform of the law. "After almost three months of pressure, we have understood that it is an almost impossible task to change the Minors Law

as a single humble family

," she wrote. "Let us remember that if a minor under 14 years of age commits a murder, the law protects him for not being

'aware of the seriousness of his actions'

. We are not talking about accidents, manipulation or mental illness. We are talking about situations in which there is premeditation, sadism and absolute contempt for the lives of others. My sister survived her assassination attempt, but at a high price.

Her head will never be the same

," he added, pointing out the neurological consequences that Nuria suffered. "If a minor can choose her sex at 12 years old, how is it possible that a minor under 14 years old cannot be responsible for her crimes?" She concluded.

"The aggressor is currently under the guardianship of the Xunta, admitted to a juvenile center in Ourense, after having been psychologically examined and discharged," reported

La Voz de Galicia

on October 31, 2021 (seven weeks after the facts) about the fate of the aggressor.

The minors involved in the death of Igor Urrengoetxea.EL MUNDO

A DEADLY ATTEMPT AT ROBBERY

In the early morning of December 23, 2017,

Ibon Urrengoetxea

, 43 years old, former Amorebieta soccer player, was walking home in Bilbao after a Christmas dinner with his co-workers when he came across two minors, ages 16 and 13, who They tried to rob him. In the struggle, the oldest kicked him

in the head

, Ibon fell to the ground, fractured his skull and died.

The 16-year-old boy was tried and sentenced to six years of confinement in a closed juvenile center. Regarding the 13-year-old, who could not be prosecuted, the Basque press reported that three weeks after the events,

custody of his parents was taken away

from him and he was placed under the guardianship of the Biscayan Provincial Council. He was transferred to

a sheltered apartment

.

RAPE AT 11 YEARS OLD

On September 20, 2020, a 13-year-old teenager was approached near a park in the Barcelona neighborhood of Besòs by two minors,

aged 11 and a half

and 14 years old, who knew her by sight. They told her that they would accompany her to her house, but at one point during her journey, the 11-year-old tried to get them to take a different path.

"Do you want to live or die?"

he threatened her when she refused.

The minor led her to an area of ​​bushes and

sexually assaulted her while the 14-year-old watched

. In April 2023, two and a half years later, the Juvenile Court number 6 of Barcelona sentenced the minor who acted as a guard to 18 months of confinement as a cooperator for a crime of sexual assault with oral and anal sexual access to a minor. 16 years. The perpetrator of the attack evaded criminal responsibility due to her age.