The car that sent him to prison this Thursday expressly alludes to his "aggressiveness" and the "virulence" of the blows he dealt the victim
The order that agreed on Thursday the preventive detention of the alleged murderer of Juan Castro, the 19-year-old from Íllora who died this Monday during the town festivities, alludes to "the aggressiveness and virulence of the blows" suffered by the boy and recalls that victims must be "protected" from the possibility of "retaliation". That is why such an exceptional measure is adopted.
The resolution, which can be appealed within three days, is signed by the substitute judge of the Court of First Instance and Instruction number 1 of Loja, who was on duty this Thursday. The custodial measure for the alleged murderer, 23 years old and initials BJH, is "provisional, communicated and without bail."
It so happens that the person under investigation availed himself of his constitutional right not to testify in court, but the girlfriend of the victim of this deadly assault did as a complainant and witness, since she was with Juan when he suffered the vile assault. and was also beaten.
Juan's family has already appeared as a private prosecution in the case, which will be instructed in the Court of First Instance and Instruction number 2 of Loja. His lawyer is the criminal lawyer Rafael López Guarnido.
The preventive detention measure was agreed after the Public Prosecutor's Office and the private prosecution requested it. The defense, on the other hand, requested bail of 6,000 euros and a daily appearance in his place of residence.
This newspaper has had access to the order issued by the judge, which includes how the terrible event occurred as determined so far by the Civil Guard. It all started in one of the booths of the fair, where there was "a brawl" in which the investigated allegedly "assaulted several people" and after which he went out "looking" for a specific boy.
It was around half past six in the morning of last Monday, August 15, and the investigated "met Juan Castro Trujillos and his girlfriend" on Diego de Siloé street. At that moment, always as he picks up the car, he "shaken Juan and punched him several times" while asking him to tell him where the boy he was looking for was. "Either you tell me where he is (...) or I'll kill you," was the warning he gave her, according to the resolution.
It was at that moment that he caused injuries to the face of Juan's girlfriend, who tried to separate him from him. "After the blows to the head, Juan fell to the ground while B. continued to kick him." And seeing that the young man was "unconscious", he fled the scene. Juan died "as a result of the blows." But not only that, according to the story that the car collects, the alleged murderer left saying "if I have killed him, let them look for me."
The alleged murderer turned himself in this Tuesday at the Granada Civil Guard Command, after fleeing Íllora and taking refuge in a town in Jaén along with other relatives, including a brother who was supposedly with him on the night of the incident.
In her resolution, the judge takes into account that the alleged murderer, who will have woken up behind bars this Friday, fled and was unaccounted for until the 16th, for which she considers that there is "evidence of the possible risk of escape".
Justice is no stranger to the social alarm generated by this tragic death. At this point, the order indicates that "the social alarm is not the end of the pretrial detention, but - he underlines - it must be taken into account, since a state of alarm has been generated in the population as a result of this death and the circumstances that have surrounded it, endangering the peace of the municipality due to the events that occurred.
Reactions to Juan's horrible death have been going on all week. On Wednesday, the President of the Board, Juanma Moreno, sent the hug from Andalusia to the boy's family, while the Minister of the Presidency, Antonio Sanz, called for "respect and coexistence" in Íllora. Yesterday it was the Minister of Justice, Local Administration and Public Function, José Antonio Nieto, who asked to trust in justice and in the State Security Forces and Bodies.
For Nieto, justice "should not be slower than necessary, but it cannot be summary." It is worth remembering at this point the altercations registered on Monday in the municipality due to neighborhood rage: there was damage to homes belonging to the detainee's family environment and to vehicles.
Thus, in statements to Canal Sur Radio, Nieto advocated helping to find a "balance" so that there is "a fair defense" in cases like this and that "the delays are as few as possible", while at the same time he opted for the Administration contribute to the judicial system having "sufficient means". However, as he added, all of this "never" should be done "at the cost of reducing the guarantees that any defendant has, even the one who seems to us to be the most guilty."
«Sometimes society is in a hurry and does not understand the time required for the application of justice in all its terms»
JOSE ANTONIO NIETO
Counselor of Justice of the Junta de Andalucía
“We know which regimes are the ones that apply very summary sentences, in many cases without due guarantees,” added Nieto, emphasizing respect for “constitutional guarantees”, although “sometimes society is in a hurry and does not understand the time it takes the application of justice in all its terms.
Although the alleged parricide hid behind silence in court and thus avoided giving explanations in this first phase of the judicial investigation, his brother did make public statements and maintained that it was an accident.