He argued with a colleague over a macho joke and was left in a coma and quadriplegic | the Chronicle

The jokes they tend to have fun overtones when both parties have a good sense of humor, but sometimes they end badly if they are too “heavy”.

The point is that a 49 year old man is in a vegetative state after having suffered several skull fractures produces, according to the prosecution, blows that tipped the accused into a fight which took place in the Spanish city of Marbella.

A macho joke that ended badly

It all started on the eve of the end of 2018, when two colleagues who talked about various subjects broached a difficult subject: the wife of one of them. Is that joke go and joke arrives, the attacker said to the other topic: “If you think I’m gay, leave your wife to me and I’ll show you”, with which the beating began and one of them was hospitalized after suffering very serious injuries that are already lifelong: He remained in a coma, quadriplegic and in a vegetative state.

The victim was found unconscious on the asphalt, and next to the injured was his car, started and parked on the sidewalk. What is certain is that no one saw anything and there was no witness to what happened, but it was clear that he had suffered an assault.

The homicide group of the Marbella National Police resumed the investigation, in which they did not even have the testimony of the victim, who he was admitted to hospital in critical condition with very serious head injuries and did not regain consciousness. His condition was, and still is, a waking coma, i.e. he opens his eyes, but does not interact with the environment or is able to obey orders.

Upon identifying him, agents discovered that he was a cook at the Monkey Club, a restaurant located inside the Puente Romano Hotel and the Nobu Hotel. That night he had quit his job and was apparently on his way home, until something made him stop the car, park it badly on the sidewalk and get out.

How did the events unfold?

The reconstruction of this return trip, at the end of the working day, provided investigators with the keys to the case, which will be tried next Monday at the provincial court in Malaga. According to investigations, the victim was driving his car, in which He brought three other colleagues whom he was going to drop off on his way home.

The next morning when the cops picked them up at work, one of them took a little longer to arrive than the other two. It was the kitchen assistant (24 years old and of Colombian nationality). In addition, he had broke the fifth metacarpal in one of his hands. Apparently, he recognized one of his colleagues who had argued with the victim and they had argued. But the version he always maintained is that when he left he let him lean on the car.

Meanwhile, the national police detained him as a suspect in the attack which seriously injured his colleague. He was investigated for attempted murder.

According to police investigations, jokes were made in the vehicle and it appears that the victim and the accused started to “bite” between them. Once his two companions got out of the car, They continued their journey home together and the discussion intensified.

Tragic joke: macho phrase

During the investigation, the respondent admitted that, taking into account the comments of his partner, he reacted by telling him that if he thought he was gay, to leave his wife with him. It was, still according to his version, that is the only one there is of the event, the trigger for the fist fight once they both get out of the car.

According to the prosecution, the accused hit the victim several times in the head and face “with the intention of ending his life”, what he dropped him to the ground, then left the scene, leaving him there seriously injured.

The victim suffered a head trauma with loss of consciousness, fracture of the cranial vault with internal bleeding, deformity of the right hand, fracture of the jaw and facial trauma. After several surgeries, he has he was left in a waking coma, in a vegetative state and with quadriplegia of cerebral origin, in addition to a loss of cranial bone substance.

On account of these facts, the prosecution requested a sentencing to eight years in prison, as well as being prohibited from approaching within 500 meters or from communicating with the victim for a period of 10 years. Also, ask for a compensation of 392,000 euros for sequelae and 24,000 euros for their care for each year of maintenance in a vegetative state, for future health care, home rehabilitation and adaptation, or assistance from others, among other expenses.

Judgment: what are the parties asking for?

The victim’s family, represented by the lawyer Carmen María López Postigo, requested the same sentence of imprisonment and expulsion, but increases the compensation to one million euros and claims 50,000 euros per year for the care required by the patient.

The defense, on the contrary, shows its disagreement with the account of the facts of the accusations and asks that in any event and in the alternative, the defense of self-defense and the extenuating circumstances of kidnapping and confession are taken into consideration, for which he requests the free acquittal of the person investigated.