The Tarragona Court has sentenced three siblings to eight years in prison for their participation in the shooting recorded on January 17, 2024, on Mas Pellicer street, in the Sant Josep Obrer neighborhood of Reus. The Chamber imposes six years on them for a crime of attempted homicide and another two for possession of prohibited or modified weapons, in conjunction with illegal possession of weapons and the storage of regulated firearms.
The sentence also deprives them of the right to bear arms for more than three years, a measure they must comply with once the prison sentence has been extinguished. In addition, it imposes court costs on them.
Acquitted two investigated of the rival group
The resolution acquits two other investigated individuals, members of the rival group, understanding that the evidence presented at trial does not sufficiently prove their authorship. The Prosecutor's Office sought for them 32 years in prison for attempted homicide, illegal possession of weapons, possession of prohibited or modified weapons, and storage of war weapons.
"It has not been sufficiently proven" - Chamber of the Tarragona Court
Regarding the identification of those two accused, the magistrates are especially critical of the strength of the evidence. The court concludes that the identification of both does not offer sufficient guarantees and recalls that the majority of witnesses stated having seen two hooded individuals, but without getting to see their faces.
"The recognition of these investigated individuals does not offer us sufficient guarantees" - Tarragona Courtroom
The sentence adds that the statements of the mother and sister of the three defendants must be analyzed with caution as they are, in some way, interested parties. It also notes that their versions were not entirely consistent. The judges point out that it was not clear if the shooters were wearing hoods or balaclavas and reject validating the identification made by one of the witnesses due to the fact of knowing them their whole lives.
The two acquitted investigated also denied having the nicknames of Wig and Mute. The Chamber emphasizes that there is no management, inquiry, or proof that accredits that they were known by those nicknames. After the acquittal, the resolution agrees that the precautionary measures that weighed on them be lifted, since they were in preventive detention.
Shots from two dwellings
The shooting occurred around 9:30 a.m. on January 17, 2024. In the public thoroughfare, 45 items were collected, including casings, cartridges, cartridge wads, and projectile fragments. The resolution states that there were several holes consistent with gunshots.
The Court considers it proven that the three brothers were the perpetrators of the shots fired from the homes where they were located. The magistrates highlight that they themselves placed their presence in one of the two homes during the exchange of gunfire. Their version was that they heard the detonations without intervening and that, once the shootout was over, they went up to their father's apartment to get the weapon and take it down to the lower floor.
"Despite the fact that they denied their participation, the evidence practiced has allowed to declare proven that they are the authors of the shots" - Chamber of the Audiencia of Tarragona
The father of the three brothers is not part of the case because he died of illness. The court maintains that the explanation of the convicted does not fit with the rest of the evidentiary picture and points out that shots were fired from both floors. At that point, the sentence is blunt in pointing out that they themselves place themselves at the scene and that at no time do they place their father on the lower floor.
Intervened weapons and validated records
At the home where the brothers were, five firearms were seized. From that set, four were linked to the shooting and at least three were fired. The Chamber also recalls that none of the three had a firearms license nor had had one.
The defense had requested the annulment of the searches carried out in one of the family clan's properties, where numerous weapons and ammunition were located. The magistrates reject that claim and uphold the police action, considering it adequate, necessary, and proportionate.
Although no footprints or traces of residue were found, the Court maintains that there is no doubt about the participation of the three convicted individuals. The resolution summarizes that assessment with a clear conclusion about their account. Their statement, the judges maintain, falters.
Reduction compared to the Prosecutor's Office's request
The final sentence falls far below the penalty requested by the Prosecutor's Office for the three brothers, which amounted to 20 years in prison. The Chamber also acquits them of a second crime of attempted homicide that had also been included in the indictment.
The ruling does not establish civil liability. The Prosecutor's Office withdrew that request after all those investigated waived being compensated. With this resolution, the Court closes in first instance one of the cases opened by the shooting between clans in Sant Josep Obrer, with three convicted, two acquitted and the focus placed on the authorship of the shots fired from the homes on Mas Pellicer street.