Pensioner sentenced to two and a half years in prison for killing burglar in Arafo finca

Pensioner sentenced to two and a half years in prison for killing burglar in Arafo finca

Updated 12 April 2018: The elderly man who fatally shot a burglar in his Arafo finca three years ago has been sentenced to two and a half years in prison. The news might be of particular interest to British readers given the furore in the UK media at present over police treatment of a pensioner who killed a burglar in south east London recently. In that case, the CPS decided that there was no case that could be brought successfully to a legal concusion and police released the man with no charges … and to reportedly widespread anger that he had been arrested or held at all.

In this Arafo case, however, the jury decided that the pensioner did have other options, most notably relating to the fact that the burglar was not killed in the property itself but outside when the owner was trying to chase after him. It also, of course, involved a firearm, and an unlicensed one at that, which was not the case in the recent UK situation. Nonetheless, there is consternation that the elderly man has been sentenced to anything at all given that he and his wife were tied up and tortured by the two thieves who broke into their property.

The shock is increased by the fact that in the trial by jury, both the public prosecutor and the defence had asked for complete absolution for the man, and the jury itself declared that although his defence of minimum necessary force (a yardstick here as well as in the UK) was partly inadmissable because it had clearly been exceeded, he should receive no more than a suspended sentence. A second charge of illegal possession of firearms was given a two year suspended sentence.

Updated 5 March 2015: Police have picked up the second assailant, according to reports on CanariasRadio this morning. Meanwhile, the elderly couple’s lawyer says that police were originally called by the wife’s sister who, unknown to the thieves, was also in the property, and was a witness to the beating her sister received. Despite reporting restrictions, Diario de Avisos has today reported that the dead burglar was an ex-employee of the elderly man, and had once lost a legal action against his business. A grudge motive – with an hypothesis that it was more than a simple domestic robbery – therefore seems likely to form part of the man’s defence in the investigation of the murder imputation.

Updated 3 March: The Güímar court has imputed the elderly man who shot a burglar for murder, and for having an unlicensed weapon. He is not allowed to leave Spain, and his passport has been removed. It seems that the thief was actually shot in the property itself, when the householder went to the bedroom, ostensibly to get more money for the robbers, but returned with the gun. As he shot one of the thieves, the other fled. Although he has been imputed, he has not been remanded in custody, and is at liberty until his case his heard. Beyond these facts, the court imposed reporting restrictions, so little will now be heard until the case comes to trial.

Original post 2 March 2015: The Guardia Civil has arrested an 80-year-old man on suspicion of shooting dead a thief who had just burgled his finca at Arafo. Two men had broken into the property around 10pm last night, both wearing balaclavas, and having bound and gagged the elderly couple who were at home, were making their getaway when, it seems, the husband managed to free himself and gave chase. One burglar got away, but the other was shot within 20m or so of the house and died at the scene. Police are taking a statement from the elderly householder, who, they say, does not have a firearms licence. Neither burglar has yet been identified, and the escapee remains at large.

 

8 Comments

  1. One less to worry about then.

    I’m sorry, but I have no sympathy whatsoever for those that invade your property. This particular case, with elderly people bound and gagged, adds to my views. OK, the perpetrator was fleeing but he/she gave no consideration to those in the property that they violated. Shame the other one got away, but hope he/she will soon be identified, caught and put away for a long time.

    As for the 80 year old man. Send him home where he belongs – and without charge.

  2. Totally agree…poor couple must have been terrified…what good will it do to lock up this poor 80 year old man. Hope the law wont be such an ass this time….and if it was me i would have done the same….i know if i was that frightened for my family and myself i would shoot the thief..but he wouldnt have made it 20 meters. Xx

  3. well good for him. It’s a wonder he didn’t suffer a heart attack or a stroke..

  4. Approx 7 years ago we were broken into by two Rumanians. We returned home and found them in the house. To cut a long story short one was caught and got 5 years t he other got away with a fair bit of money after giving my husband a fair beating, the police asked if we had a gun, we had not, but the police advised us to get one. I am presuming that the police will be on the old mans side and why not. Whether he has a gun licence or not should not make ant difference. Good luck to him……

  5. Under British Law this old man would be in a lot more trouble than the burglars because he shot at them after they had left.
    What a terrifying experience for him and his wife, and what a gutsy old fella he is. I very much hope he gets to go home soon.

  6. I agree, the old man should be released of charges! In The Netherlands we finally have a government that sais if you break in to someone else property it is you to blame and self defence is nr 1.

  7. Imprisonment seems very harsh, if not perverse…..the pensioner is unlikely to be a threat to the general public, or indeed to anyone unless they break into his house, in which case they should be regarded as having forfeited their rights……

    The recent UK case differed in that it seemed the burglar was probably stabbed in the course of a struggle with the elderly homeowner, and of course the burglar had entered the property armed with the weapon that apparently killed him. This case is more akin to the Tony Martin case some years ago where Martin was convicted as he had shot a fleeing burglar. He still got lots of sympathy, though…..

  8. No-one knows how they will react under duress, shock, threats and torture. Of course anger would arise if a family is threatened. The unlicensed gun is an issue, also a separate matter but it is hard to sympathise with anyone who breaks into the private space of another. They are taking a risk with bad intent and the consequences should be accepted.

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