Maikel Mesa, player of CD Tenerife — recently promoted to the Second Division — aged 35, was sentenced this Wednesday to eight months of suspended prison for two years for assaulting an active judge in San Cristóbal de La Laguna (Tenerife) on Sunday night. The sentence, issued this Wednesday in a fast trial, also convicts two other defendants for the same acts and states that the three acted “in agreement” when the magistrate was passing by them on Antonio Zerolo Herrera street. A woman accompanying the convicted was acquitted.
Read more The UCO infers that ‘the one’ mentioned by Leire’s plot can “only” be Pedro Sánchez
According to the proven facts collected in the sentence sent by the Superior Court of Justice of the Canary Islands, it all began when the three convicted addressed the judge offensively calling him “bald shit.” When the magistrate politely reproached them for that treatment, one of the convicted told him to keep walking while “giving him a few taps on the shoulder.” The situation escalated quickly: another of the accused raised his fist and warned him “watch out, I’m going to hit you,” after which the three grabbed him and “pushed him against the wall,” kicking him in the back. “Although the victim tried to break free from them, he did not succeed due to the superior physical stature of the three, not only in number but also physically compared to the victim.”
The three men continued assaulting the victim. It was at that moment that the victim revealed his status as a magistrate. “He had to shout that he was a judge in order for the assault to stop,” the sentence states. The revelation did not completely stop the violence, a key aspect in the sentence: the accused, already aware that they were hitting an active magistrate, persisted in the assault. This behavior supports the conviction for the crime of assault in its aggravated form, provided for in article 550, sections 1 and 2, of the Penal Code.
Moreover, one of them took off his glasses, threw them on the ground, without them being damaged. The woman who was with the defendants — “but who at no time intervened” — picked up the glasses from the ground, “gave them back to him and told him to leave.”
Already in the parking lot on Manuel de Ossuna street, the judge began recording the three accused with his mobile phone as they went up the ramp to the first floor. “Stop recording, it will be worse,” they warned him. Immediately after, and already knowing they had a magistrate in front of them, Mesa Piñero and one of the other accused held the judge by the body, immobilizing him while the third jumped over the parking guardrail, twisted his hand, and ripped off his phone. At that moment, one of the accused sarcastically asked him his name. “My name is Your Honor,” the judge replied. Then they pushed him, causing him to fall rolling down the ramp.
The phone was later thrown out the window of the vehicle in which two of the accused fled — a Mercedes with license plate GJC — and was recovered by the local police with damage to the screen and camera valued at 135 euros. The judge suffered abrasions on his face and torso, pain in the nasal septum, bleeding, loss of skin on the chin, and anxiety, injuries that required first aid and caused him “a basic personal harm due to temporary loss of quality of life for five days.”
Magistrate Carmen Rosa del Pino Abrante issued the sentence by agreement after the express acceptance of the facts by the three accused. The penalty requested by the Prosecutor’s Office — one year in prison — was reduced by one third according to the fast trial procedure, resulting in eight months. The sentence is final: the parties waived the right to appeal at the hearing.
The three convicted must jointly compensate the judge with 250 euros for the injuries. The accused who threw the phone will also pay 135 euros for the damages. The suspension of the prison sentence is conditioned on none of them committing a new crime in the next two years.
Read more Florentino Pérez announces José Mourinho as his coach for Real Madrid
