March 7, 2021

The prosecutor asks the guard of a McDonalds in Barcelona for 9 months in jail for not preventing a homophobic aggression



The homophobic aggression produced on the LGTBI Pride day of 2019 in Barcelona is already awaiting trial. The coordinating prosecutor of the hate crimes and discrimination service of the Barcelona Public Prosecutor’s Office, Miguel Ángel Aguilar, requests 18 months in prison for the man accused of threatening a young man shouting “I’m going to make you heterosexual to hosts” as well as 9 months in prison for the McDonalds watchman where the attack occurred for not preventing it.

The events date back to the night of June 28, 2018. After the proclamation of LGTBI Pride, the victim went to the McDonalds near University Square. The defendant, says the prosecutor, “aggressively rebuked the young man from behind”, whom he had not previously known, “absolutely gratuitously with the intention of publicly harassing him for his hostility to his sexual orientation.” The case It became viral due to the dissemination of the video of the attack on networks.

The main novelty of the case is that the prosecutor, in addition to accusing the aggression, also wants a conviction for the McDonalds vigilante for his inaction. The prosecutor emphasizes that the guard “remained inactive” during “the public humiliation of the victim, without intervening to stop the humiliating behavior” of the other defendant despite being obliged to do so due to his status as a security guard. The prosecutor adds that the vigilante only limited himself to calling the Mossos d’Esquadra “some time after” the attack to inform them that two clients were threatening each other.

On the other hand, the vigilante did not intervene, highlights the prosecutor, while the other defendant made various threats to the victim, such as “cover yourself, you’re embarrassing and there are children”; “then we scandalize women who are raped and killed for dressing provocatively and you are an example that can happen to you”; “Better take a bodyguard, because now when you go out, I’m going to give you such a host that the fag will take away from you”; “Let’s go out of the place that I’m going to make you straight to hosts, today is the day of the hosts, do you want to see how I release them?”.

The defendant then shoved the young man, who hit a dispensing machine without causing serious injury. While the attack was taking place, the accused yelled at the victim’s clothing because “it did not respond to his intolerant way of thinking,” the prosecutor added. The main defendant has a multitude of criminal records, including for violent crimes.

All this constitutes, at the discretion of the prosecutor Aguilar, a crime against the exercise of fundamental rights in its modality of discrimination due to sexual orientation in competition with a crime against moral integrity. For the perpetrator of the attack, the prosecutor asks for 18 months in prison and a fine of 3,240 euros, while for the guard he claims the same fine and 9 months in prison. And it is also claimed that both defendants compensate the victim with 2,000 euros for moral damages.

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