The Supreme Court of the Basque Country has increased from seven and a half to ten years in prison the sentence imposed on a man who tried to kill another man he met through a dating application in Bilbao. The decision, which partially overturns a November 2023 ruling by the Court of Bizkaia, agrees to increase the sentence because the judges understand that the defendant acted treacherously and do not consider it “proven” that the “anti-social personality disorder” present The fact that it was recognized caused him to lose his will, “even slightly”. The Supreme Court of the Basque Country has partially heard the appeal of the LGTBI+ Gehitu association, which was presented as a popular accusation, and has moved from the conviction of attempted murder to the conviction of attempted murder.
The defendant in this case, 26-year-old Nelson David MB, is being investigated for the deaths of five other men, initially believed to be natural deaths, and two counts of attempted homicide. The last of these attempts in December 2021 led to his arrest and his first trial. During the hearing, Nelson David MB claimed he attacked his victim “impulsively” and that at the time he was part of a gang that aimed to get victims to withdraw money from their bank cards and the money through bank transfers to divide. Automatic from Bizum. The LGTBI+ Gehitu association demanded that he be sentenced to 17 years and 11 months in prison and the public prosecutor requested a prison sentence of nine years.
The court in Bizkaia declared it proven that he met the victim through a contact application and that they had a first date on December 15, 2021. Two days later, on December 17, they met again at his house. The victim and while they were there on the couch, the defendant, “unexpectedly” and “guided with the intent to end the other man's life,” attempted to suffocate him. The court recognized that he could have killed him and found it aggravating that he had taken advantage of the circumstances in which they were (in the middle of a date), but did not recognize that there was treason necessary for this would have been considered attempted murder.
The Supreme Court of the Basque Country points out that the fact that the victim managed to escape from the attacker when the attack was committed does not eliminate the defendant's “initial betrayal” as he took advantage of the “climate of familiarity”. has “There was “trust” between them to put pressure on the victim’s neck in an “unexpected way” when he was unable to defend himself. The resolution also takes into account Supreme Court jurisprudence, which indicates that treason can occur when the victim's ability to defend herself is frustrated, but also when it is made more difficult.
The High Court adds that the mitigation of psychological abnormality applied by the Biscay court cannot be granted because it has not been proven that the “anti-social personality disorder” and the abusive use of toxic substances have an impact on his accountability. “The simple and general expression that the defendant had a personality disorder and [era] “Consumer of toxic substances, without further specifics and nuances”, it cannot be claimed that he “lacked willpower, even if only slightly”, the resolution adds, emphasizing that there is “no connection” between this personality disorder and the crime committed against life.
The order, like the trial court, rejects the aggravating circumstance requested by Gehitu, considering that Nelson David MB had a discriminatory motivation based on the victim's sexual orientation or identity. “Neither from the dynamics of the commission nor from the circumstances before and after the events there are any indications that the defendant acted guided by this unreasonable discriminatory mood,” states the higher court, which also rejects all grounds for appeal from the defendant’s defense.
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Since Nelson David MB's arrest, the courts have reopened two cases involving him. The most recent inquest, agreed in January this year, concerns the death of a man in October 2021. In September 2023, the Court of Bizkaia also agreed to reopen proceedings into the death of another man in September 2021.
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