The judge appreciates the aggravating circumstance of sexual discrimination in the murder of Samuel Luiz amid cries of "faggot"
The Court of Instruction number 8 of A Coruña investigation of the case ended Samuel Luis and opens oral proceedings against five people for a crime of murder, when appreciating the aggravating circumstances of treachery and cruelty. The judge considers that there is sufficient evidence to place the five defendants on the bench as co-authors.
Furthermore, in the case of two of them, the man and the woman with whom the victim first encountered, he considers that there is the aggravating circumstance of discrimination due to sexual condition. Another of those investigated, Kaio Amaral, will be tried, in addition to the crime of murder, for robbery with violence. In the case, which will be judged by a popular jury, there are, in addition to the Prosecutor's Office and the defense, a private accusation and another popular accusation, carried out by the association WINGS A Coruña. Judicial sources did not specify the date of the trial, but they detail that it will be “before summer”.
For this crime committed in the early morning of on Julio 3, 2021 on the seafront A Coruña and which shocked the entire country, there were seven detainees. Five of them were of legal age at the time of the events: Diego Montaña Marzoa, Catherine Silva Barros —known as Katy- Alejandro Freire García —whom they nicknamed Yumba- Y Alejandro Miguez Roca (the last to be arrested and who is free, just like Katy).
Two men who were minors at the time of the events and who were tried in 2022 were also arrested. Both admitted having killed the young man from A Coruña. 24 years in exchange for a reduced sentence. And the sentence imposed for each of them was three and a half years of confinement in a center.
Discrimination based on sexual orientation
The judge explains in his order how, at the first moment, two of the accused “cwith the purpose of causing death” of the victim, and in any case “being conscious” that his actions could cause the fatal outcome or “admitting the risk that this entailed"They kicked and punched him in the face and head, while the woman accused in the procedure, "in attack action unit”, tried to prevent the later deceased from being helped by a friend.
According to all the accusations, two other men soon joined in the attack and will also be tried, in addition to the two minors.
The investigating judge maintains in his order that “In this scenario, the victim was surrounded and beaten, at the mercy and will of his group of aggressors, in a clear situation of inferiority and helplessness, without any possibility of defense.".
All the accusations request for the two accused that they consider that they acted with the aggravating circumstance of discrimination based on sexual condition 25 years in prison for the victim, and 22 for the rest of the defendants. To this we would have to add the 5 years they request for the accused of the violent robbery of the deceased's cell phone.
before summer
Although the arrests occurred shortly after the events, the investigation of the case was complex, among other aspects, due to the letters rogatory that it was necessary to send to the United States in order to access the content of the social network accounts and similar applications of the suspicious.
Once the investigation of the case is completed, the trial is scheduled to be held in the Provincial Court of A Coruña before the summer. For the moment, the personal situation of the defendants will not change: three of them will remain in prison and two will remain free.
