The TSJA reduces the penalty to the man who started a bus to nine and a half years in prison

This man, in August 2017, set fire to the Aquablue Sport team bus that was in Almería on the occasion of La Vuelta a España.

The-TSJA-reduces-the-penalty-to-the-man-who-started-a-bus-to-nine-and-a-half-years-in-prison

The Superior Court of Justice of Andalusia (TSJA) has lowered the sentence imposed on a man who in August 2017 set fire to the Aquablue Sport team bus that was in Almería on the occasion of La Vuelta to nine years and six months in prison to Spain, as well as several buildings and containers during the same night.

In its judgment, the court partially estimates the appeals brought by the defense and the Prosecutor's Office regarding the legal classification of the facts and the penalty imposed on the accused, for which it condemns him for a continuing crime of fire with risk to persons of minor entity. Initially, he had been sentenced to ten years in prison for a crime of arson and another two for a continuing crime of damage.

The Andalusian High Court considers it proven that during the early morning of August 31, 2017, the defendant set fire to the bus belonging to the Aquablue Sport team of the Cycling Tour of Spain that was parked in the Crossing of San Luis de Almería, in the surroundings of the Hotel Tryp Indalo, previously burning a mattress located under the vehicle.

As a result of this act, the bus was burned, valued at around 200,000 euros, and the sports equipment inside it, valued at another 50,000 euros. The court considers that the defendant was aware that the bus was approximately one meter from a building, specifically number 14 of the Crossing of San Luis, "with the consequent risk for its residents." In this house a woman slept with an open window and using an assisted breathing apparatus when she had respiratory problems.

The woman, upon noticing the fire, came running to close the window, "even slightly burning her fingertips, although without suffering objectively appreciable injury." Then she opened the door to the street to escape the fire but "there was a lot of smoke and, as she was suffocating, she had to take shelter again inside the house until she was rescued." Damage to the building and the home of the injured party was assessed at 4,544.98 euros. 444,444

The court has already considered that it had not been proven that the property at number 12 on the same street suffered damage after the action of the accused, who was wearing a reflective jacket that moments before he had stolen from a car; facts for which he was already convicted by a criminal judge.

In addition to setting the bus on fire, during the same night the defendant set fire to a garbage container located at 123 Calle Real in Barrio Alto, very close to his home, as well as another on Avenida Santa Isabel. Later, he accessed a portal on Calle Real in the Barrio Alto and, "aware of the dangerous situation in which he placed the residents," set fire to the wooden door of the meter and electrical panel room, causing a large amount of smoke that quickly spread throughout the property and causing damage the amount of which is unknown.

The fire in the meter room, initially considered as a crime of damage, is finally subsumed under the crime of arson with danger to people as it affected all those who were inside the property. "The danger for these that caused the fire thus described is indisputable in an exclusively legal assessment," says the TSJA. The defendant was arrested by agents of the National Police Corps at around 4.15 am with three lighters and a paper soaked in solvent as he was about to set fire to another container in the vicinity.



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