The Criminal Chamber of Supreme court will review on December 15th behind closed doors the permanent prison sentence that can be reviewed by Ana Julia Quezada for the murder of the eight-year-old boy Gabriel Cruz in February 2018 on a farm in Rodalquilar, in Níjar (Almería).
The magistrates will deliberate without hearing the appeals presented against the sentence of the Superior Court of Justice of Andalusia that last February ratified the sentence imposed by the Court of Almería to reviewable permanent prison, as reported by legal sources to Europa Press.
Gabriel agreed on the afternoon of February 27, 2018 to go with Quezada to the Rodalquilar family farm where, “aware of his superiority” with respect to the child due to the difference in age and complexion, he caused his death in a “deliberate, “sudden and sudden” indicates the sentence of the Court of Almería.
The resolution collects the facts that the popular jury declared unanimously proven and remarks to shore up the treachery the sentimental relationship that the accused had with the minor’s father at the time of the facts, which had generated confidence in the child by being “intimately linked to her family environment since the relationship with her father began.
A criterion that the TSJA has ratified since «The defendant took advantage, on the one hand, of the physical inferiority of the victim, and on the other, prepared a mode of execution of her criminal plan that neutralized the eventual natural defense of an eight-year-old boy».
Thus, it underlines that the attack against the child Gabriel was treacherous because it “neutralized the few defenses of the victim” and indicates that the reviewable permanent prison comes into play “because the treacherous death fell on a minor under sixteen”.
Acquitted of two crimes of mental injuries
The TSJA partially upheld the appeal filed by Quezada’s defense, for which it acquitted him of two crimes of mental injury. However, he maintained the sentence of two and a half years for the two crimes against the moral integrity of the minor’s parents, Ángel Cruz and Patricia Ramírez.
For the TSJA, “it can hardly be concluded” that the intention of the accused when she publicly addressed “words of hope to the parents knowing that the minor was buried” was to physically injure them, but rather that “her objective was never to be discovered.”
Even so, the magistrates consider that this “certain over-acting and protagonism”, together with such words of encouragement, is valuable “in order to integrate an autonomous crime, since they are not necessary or essential, not even typical of a simple self-concealment.” Thus, maintains crimes of moral integrity.
Finally, the TSJA rejected the annulment of the trial and the repetition of the same requested by the defense that wanted the hearing to be held with a professional court and not a jury. The private prosecution brought by the Gabriel parents also asked for the trial to be repeated, considering that the president of the court, Alejandra Dolero, “Entered to give an opinion” when he instructed the popular jury on the aggravation of cruelty, and the expert evidence that supported its existence.