The longest sentence is for Diego Montaña, who started the attack after calling Samuel Luiz a “faggot” and to whom the aggravating circumstance of homophobic discrimination applies.
Samuel Luis He was murdered on July 3, 2021 and this Wednesday his executioners were sentenced to prison. The sentence imposes 24 years to jail the main accused, Diego Mountain, who attacked him shouting "fagot«. The court considers him guilty of murder with the aggravating circumstance of discrimination based on sexual orientation. For Alejandro Freire, known as Yumba, the penalty is 20 years of prison for murder. A Kaio Amaral Silva The magistrate imposes on him 20 and a half years in prison, of which 17 are for murder and three and a half for the violent robbery of the victim's mobile phone. Alejandro Miguez condemns him to 10 years in prison as an accessory to murder.
The four will have to compensate Samuel Luiz's family with 304.000 Euros and after leaving prison they will have five years of supervised release, according to the ruling, which is not final, since an appeal can be filed against it before the High Court of Justice of Galicia. These four convicts are added to two men who were minors at the time of the events, David Rodriguez Pompo y Marco Figueras, sentenced to three and a half years of confinement who turn this month.
The judge explains that the juries did not prove that Catherine SB participated in the brutal beating. He was credited, he notes, “an absolutely passive attitude”. In their reasoning they considered that is not guilty So what "First, he tried to restrain Diego MM; then, he tried to separate him and, although he continued the course of the aggression, he did not do so with acts that were absolutely necessary or auxiliary to the fatal outcome.".
Discrimination based on sexual orientation as an aggravating factor
Regarding the circumstances modifying criminal liability, the sentence appreciates the treachery -necessary to qualify as murder- due to the victim's inability to defend himself, but discard the cruelty -causing unnecessary suffering- because the autopsy revealed that "All the blows were necessary to cause death«.
It also places the discrimination based on sexual orientation as an aggravating factor for Diego Montaña and rules out the mitigating factors of having consumed drugs and alcohol for all cases.
A Samuel Luis He was rescued in the midst of the beatings by two young Senegalese men, who lifted him off the ground and tried to stop the punches and kicks they were throwing at him. The attacking group pursued them for about 150 metres, until the victim finally collapsed, says the ruling, which relates that it was then that the attackers dispersed into the surrounding streets.
The judgment also refers to the “enormous violence” of group aggression and the “absolute indifference of the accused towards the situation of Samuel when he falls unconscious, already mortally wounded, without being given help or seeking it from third parties"At that point," he continues, "they leave and disperse."quietly through the adjacent streets” and they meet again later, in the Europe Park and San Diego Park.
