June 17, 2013. Utrera
The aggressors of the victim “acting in concert” went on a motorcycle to Zarate Road. They went specifically to a water pump house where “they knew” that the deceased spent the night alone. Both accused had already gone to the place mentioned in the past “in order to mock and laugh” of the victim, also known locally as ‘The Junk’. This man was in a situation of social exclusion for years, without profession or known address, according the Prosecutor.
In this way and about 3.30 hours a. m. the attackers surprised the victim inside the house and “Fed by the contempt the homeless generated them and with intention of causing death or accepting it as a likely consequence of their action” they began “a deliberate attack” against the homeless. Thus, and while one of the accused lit the scene with a flashlight and exercised as a guard, the other aggressor “started to beat the victim with stones and a stick, despite being aware of the situation of disadvantage, not only numerical, but also of disproportion of forces, due to the physical and psychological damage that the victim suffered because his lifestyle. ”
“Despite pleas” of the victim, who cried “go away from here, you are going to blow my head” and despite “lethal consequences of their actions “the accused did not stop the aggression. One of them hit the victim in the abdominal cavity with a stone, which hours later finally caused his death.