The Prosecutor’s Office of the Principality of Asturias requests 1 year and 6 months in prison and 5-year detention for a man accused of hitting a man on 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 maintains that, around 7:00 p.m. on March 4, 2021, the defendant, 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, upon seeing himself observed and realizing that the complainant had the mobile phone in his hand, reacted violently and after saying “What are you looking at, are you calling the Police?”, he went towards him and hit him, throwing the I put down the mobile.
As the victim bent down to retrieve the phone, the defendant approached him from behind and punched him in the right temple, then kicked the dog and ran from the scene. 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 sustained various injuries that took 94 days to heal. The dog owned by the victim required veterinary assistance due to lameness in the right leg, rib pain and bruising on the left side; They prescribed treatment with antibiotics and anti-inflammatories.
The Prosecutor’s Office considers that the facts constitute a crime of injury under article 147.1 of the Penal Code and a crime of domestic animal abuse under 337.4. And it requests that the defendant be sentenced, for the crime of injuries, to 1 year and 6 months in prison and special disqualification for the right to passive suffrage during the time of sentence; and for the crime of mistreatment of a domestic animal, a 2-month 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 within 1,000 meters, at his home, place of work or any other in which he is, and from communicating with him by any means or establishing any contact written, verbal or visual, all for 5 years.
In terms of civil liability, the Public Prosecutor 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 medical assistance expenses caused .
Due to the assault on the woman, urgent proceedings were followed in the Court for Violence against Women, in which a conviction was handed down in March 2021 for a crime of injury. She, however, has defended him in the trial for the assault.
The defendant has assured this Wednesday that the man attacked had intimidated him with his eyes shortly before the clash 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 attack as “blows and punches given in a clumsy way”, although a witness recorded the entire sequence.
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