C.85a - High Police Case
"The Court of the Jury has considered the following facts to be proven: At around 1.30 a.m. on 8 February 2001, the accused Gaspar, aged 55 on that date, with no criminal record and a member of the National Police Corps, on status second job, after finishing his workshop job as a taxi driver, returned to his home, located at place ... issue xx, xx, central staircase, in Alcorcón, and on entering his portal he found two young men who were using narcotic substances, sitting on the sofa on the landing of the left-hand staircase. He said to them: "What are you doing there, are you from this house? If you are not, please leave, you can't do what you are doing here". One of them, Joaquín, 35 years old, replied, "go home and leave us alone, we are waiting for a neighbour from this house". To which the accused told them that he would immediately call the police if they did not leave the property. This prompted Joaquín to get up and, at a brisk pace, to walk towards the accused, approaching him and angrily saying: "Where are you going? At that moment, the accused pulled out his Astra revolver, model 680-AL, with issue serial number R-384806, at the same time as he said: "Stop Police". Despite this indication and the defendant's grip on the revolver, Joaquín persisted in continuing to advance towards him, forcing the defendant to retreat as far as possible, and Joaquín lunged at him, grabbing him by the arms at shoulder level. A struggle ensued between the two in the course of which the accused, seeing himself cornered, in the conviction that there were two assailants and in the belief that Joaquín would end up snatching the revolver from him and use it against him, shot him, hitting Joaquín in the neck, at the level of his walnut, causing his death minutes later, as a result of a haemorrhage due to a section of the right carotid artery".
(SAP Madrid, Tribunal del Jurado, 31 October 2003; pte. Casas Estévez; JUR 2004, 88208).
Is Gaspar wrong about what?
C.85a - High Police Case
"The Court of the Jury has considered the following facts to be proven: At around 1.30 a.m. on 8 February 2001, the accused Gaspar, aged 55 on that date, with no criminal record and a member of the National Police Corps, on status second job, after finishing his workshop job as a taxi driver, returned to his home, located at place ... issue xx, xx, central staircase, in Alcorcón, and on entering his portal he found two young men who were using narcotic substances, sitting on the sofa on the landing of the left-hand staircase. He said to them: "What are you doing there, are you from this house? If you are not, please leave, you can't do what you are doing here". One of them, Joaquín, 35 years old, replied, "go home and leave us alone, we are waiting for a neighbour from this house". To which the accused told them that he would immediately call the police if they did not leave the property. This prompted Joaquín to get up and, at a brisk pace, to walk towards the accused, approaching him and angrily saying: "Where are you going? At that moment, the accused pulled out his Astra revolver, model 680-AL, with issue serial number R-384806, at the same time as he said: "Stop Police". Despite this indication and the defendant's grip on the revolver, Joaquín persisted in continuing to advance towards him, forcing the defendant to retreat as far as possible, and Joaquín lunged at him, grabbing him by the arms at shoulder level. A struggle ensued between the two in the course of which the accused, seeing himself cornered, in the conviction that there were two assailants and in the belief that Joaquín would end up snatching the revolver from him and use it against him, shot him, hitting Joaquín in the neck, at the level of his walnut, causing his death minutes later, as a result of a haemorrhage due to a section of the right carotid artery".
(SAP Madrid, Tribunal del Jurado, 31 October 2003; pte. Casas Estévez; JUR 2004, 88208).