This Friday has begun the first session of the trial against the 59-year-old German citizen accused of the death of T.C.J., in events that occurred in a shopping center in Costa Teguise. His defense requests acquittal or, alternatively, that he be sentenced to two years in prison for reckless homicide and, in case of eventual intent being appreciated, two years and six months, considering that mitigating circumstances concur.
The defense of the accused has assured this Friday to the Jury of the Court of Las Palmas that his client acted in self-defense when being "the object of a brutal attack".
The accused, Tobias C.K., who will testify next week, once all the evidence has been presented, faces a homicide conviction for these events, which occurred in the early morning of May 28, 2023, as the Public Prosecutor's Office and the prosecution brought by the victim's family maintain that the defendant's intention was to end the life of T.C.J, a British citizen.
The Prosecutor's Office requests a sentence of 12 years in prison, and the victim's family claims the maximum for homicide, 15 years, and both prosecutions request the payment of 120,000 euros in civil liability.
His defense requests acquittal or a sentence of 2 years in prison for reckless homicide and, in the event of eventual intent, 2 years and 6 months for the mitigating circumstances that it considers to be present in the case.
In this first session of the trial, the defense lawyer, Vicente de León, has stated to the Jury that "this is not the typical case of a person who has committed an antisocial act and deserves a prison sentence," since his client, 59 years old and of German nationality, is a "normal person, with no prior record," and "fortunately," the members of the court will be able to see the events in the videos that will be shown during the hearing.
"It was a fatal event, he neither thought nor sought it", De León indicated, who in his brief states that his intention was to invite the deceased for a drink, but he, along with another man, both British, assaulted him and, feeling threatened, he tried to "shake them off and threw him over the terrace" and then fled the scene.
Furthermore, he alleged that the death was due to the lack of security in the shopping center, which did not even have an opening license.
He also emphasized that his client was beaten and treated in a health center and that he has always maintained a cooperative attitude regarding these events, which, in his opinion, would in any case be a crime of assault against his client, who should not be held responsible for the civil liability being claimed because he acted in self-defense.
However, the prosecutor has indicated to the Jury that the death of T.C.J. "was not the result of bad luck or chance," and she does not see any circumstances that could mitigate or exempt the defendant's responsibility, as she intends to demonstrate with the evidence she will present, while reminding them that the accused is not obliged to tell the truth.
The prosecution lawyer, Emilio Cabrera, has stated that the victim "was not a drunk, nor did he want to attack the accused", who fled the scene in his car and "intimidated T.C.T. on two occasions" that day.
Furthermore, he highlighted that the videos provided demonstrate the assault to which the deceased was subjected by the defendant, who has not sent any "message of remorse" to the family.
The presiding judge, María Eugenia Cabello, has informed that the trial will continue next Monday, when witnesses are scheduled to testify.