Vista por recurso de jóvenes condenados por muerte en Boo será el viernes
The Civil and Criminal Chamber of the Superior Court of Justice of Cantabria (TSJC) will hold a hearing on Friday, July 18, starting at 9:30 a.m., for the appeal of the two young men sentenced to eleven years in prison for causing the death of another boy who fell onto the train tracks at the Boo de Piélagos station in February 2024.
Both were found guilty of intentional homicide by unanimous decision of the jury that tried the case between the end of March and early April. In May, the Provincial Court of Cantabria imposed an eleven-year prison sentence on them for the death of a 21-year-old neighbor from Polanco.
The presiding judge, Juan José Gómez de la Escalera, of Section Three of the AP, took into account the aggravating factor of abuse of superiority (numerical, as two against one, and physical) and the mitigating factor of reparation of harm (by depositing 25,000 euros, 10,000 and 15,000 each), as noted by the jury in their verdict.
Additionally, a restraining order of 300 meters and a prohibition of communication with the deceased’s family for twelve years and ten years of supervised release were imposed. In terms of civil liability, they were jointly ordered to pay 170,497 euros to the families.
Following the verdict, where the prosecution sought 13 years in prison and the defense requested ten, the judge acquitted them of the charge of failure to render aid as requested by the victim’s relatives.
The ruling extended their provisional imprisonment, which they have been in since the incident, until August 5, 2029, in light of the appeals filed with the TSJC.
INTENTION TO END HIS LIFE
The judge stated in the sentence that on February 3, 2024, Rubén G.A. and Ángel R.C., then 19 and 20 years old and residents of Boo, had the «intention to end the life» of the boy from Polanco or were aware of the «high probability» of his death due to their actions. After kicking and punching him, they continued to hit him until he fell onto the tracks, resulting in a spinal cord injury.
The jury found that on that day, at 6:35 a.m., they boarded the train in Santander to return home after a night of partying, with the two convicts in the last carriage. Also on board was Carlos Cubillas, a chef, returning home after a night out in the city, with Requejada being the nearest stop.
The three encountered each other in the same carriage minutes before reaching Piélagos station at around 6:45 a.m., where a verbal altercation ensued. They all got off at the station to continue the dispute, with the two accused using physical force against the young man who later died, fatherless, living with his mother and her partner, and having two siblings, one of whom was a minor.
The physical assault took place on the platform of the station, posing the risk of someone falling onto the tracks. The jury agreed that the two defendants kicked and punched with the common purpose of harming Carlos physically, who was intoxicated and as a result of the blows, fell first onto the platform and then onto the tracks, from a height of approximately one meter and almost a meter away from the edge of the platform.
The final fall, leading to his «almost immediate» death, was caused by shoves, kicks, or blows from the two defendants, as unanimously determined by the tribunal members. It was established that just before the fall, the young man from Polanco had limited mobility, as his hoodie and shirt were pulled up during the altercation, leaving him motionless on the tracks and dying moments later, around seven in the morning.
Meanwhile, Ángel and Rubén, who were uninjured, left the scene of the incident.
FUENTE
