The Provincial Court of Madrid has acquitted the retired military man who tried to end the life of his wife, who suffered Alzheimer's, which supposedly forced to ingest an undetermined amount of a drug, to later make believe that it was a "concerted suicide" " from both.
In the sentence, to which Efe has had access, Section 27 of the Court acquits Antonio P.R. of a crime of murder in the degree of attempted aggravating kinship, for which the Public Prosecutor requested 14 years and 11 months in prison.
The events occurred on February 3, 2017 inside the house of the couple, who had been married for more than 50 years, in Madrid.
According to the Prosecutor's Office, Antonio forced him to ingest an undetermined amount of Loracepan "with the purpose of causing his death", prevailing on the impossibility of defense that the woman had, suffering from multiple sclerosis and Alzheimer's.
And after that the defendant tried to create an appearance of "concerted suicide", since he had written a note that said: "We changed our lives, where we will be there are no incurable diseases or family problems, sorry, but there is no other way out".
But the Chamber considers that "it has not been proven" that Antonio, executing a preconceived plan, forced his wife to ingest such medicines to kill her, or that he himself tried to take his own life with them to pretend collective suicide.
The story of proven facts is limited only to point out that when one of the daughters came to the house the next morning found them in bed without reacting, so he called the Summa who diagnosed "medication intake with autolytic intention" and moved them to the Infanta Leonor University Hospital.
The judges highlight the "lack of persistence and solidity" in the story of women, "without forgetting the relevance of personal pathologies that could affect the veracity and reliability of their manifestations."
And they see key in this procedure the conclusions of the experts, who "do not provide incriminating data determining the asserted authorship by the accused of the facts."
Thus, they underline the testimony of the Summa doctor who said that the marriage was unconscious without external signs of violence, that "it was an ordered autolytic intake" and that both were in bed perfectly lying down.
All this leads the court to apply the principle in dubio, that is, "not to affirm any fact that may give rise to a guilty verdict if doubts are entertained about its certainty".
In the trial, the accused pointed out that the idea of suicide started from his wife, months before the events because "he did not want to continue living that way", so he assumed his will and both decided to "leave this world forever" .
Being both "aware of what they were doing", each one took with the help of water two boxes of pills and wrote the note to say goodbye, signed by both.
"My wife told me to put on the note that she wanted to die and wanted to burn it." After taking the pills, we kissed and said: "What God has united that does not disunite," he said.
However, her daughters denied such a version and said that he wanted to kill her after years of "physical and psychological violence" by her father and that, specifically, her mother, lived in a situation of complete submission to her father.
The victim, who is in a nursing home and did not testify due to his state of health, according to his daughters, told them that after his recovery in the hospital that he never wanted to commit suicide, he did not tell him beforehand. husband.