The cyclist encountered a electric shepherd wire cutting the path of the path on which he was traveling, to avoid it he had to stop dry with the misfortune that fell to the ground suffering a craniofacial trauma and vertebral fractures that They caused death.
Now the judge has imposed a fine of 3.600 euros defendants in addition to facing an icompensation of € 240.000 to the cyclist family.
According to reports eldiariomontanes.es, the deceased, a native of Zamora, was the head of the Works Service of the City of Salamanca and was in Valderrible, housed in a rural house to be near his daughter, who was in a camp in Robledillo de Ebro.
As explained in the sentence, the events occurred in July 2015, when the deceased was cycling on a rural path in Arenillas de Ebro.
The man died from a strong impact against the ground falling forced to brake, since an electric shepherd wire was found crossing the path through which it circulated. He suffered craniofacial trauma and vertebral fractures that caused his death.
The sentence establishes that the condemned must respond to the compensation, and failing that, the agrarian society for which these people work and at the request of which they placed the electric shepherd with whom the cyclist ran into and caused his fall and death.
The defendants knew "perfectly" that the place where the shepherd settled was a frequent passage for cyclists
The sentence indicates that the electric shepherd was placed on the path by one of the accused, an employee of an agrarian transformation society. The other defendant is the attorney for the company.
The facts were declared after the investigation a less serious crime of imprudence resulting in death, punishable in the Penal Code with a fine of three to 18 months.
In this case, the judge opts for the penalty at the highest fork (twelve months fine) for "the seriousness of the facts", since the defendants knew "perfectly" that the place where the pastor settled was of frequent passage of cyclists. Furthermore, he stresses that no measures were taken to reduce the risks of having placed that pastor.
The sentence explains that the pastor consisted of a wire tied from one stake to another, that it crossed the road and that as the only signaling it had two pieces of plastic. It was the employee of the agrarian society who placed it, with the approval of his employer.
The defendants alleged that the cable was on the road, although it has been shown that it was placed
The judge explains that when the deceased passed where the pastor was, the cable was placed, and not deposited on the road as the defendants alleged. He points out that there is no other "plausible" hypothesis for injuries to the body "other than a sudden, short braking at something unexpected."
According to the judge, there was "no other element or reason other than the cable" to justify "the sudden stop" that led to the coup and the death. Thus, it dismisses the version of the defense expert presented by the defense.
The judge refuses to apply the mitigation of undue delays to the accused, and maintains that they have not been caused greater harm in the process than the ordinary, that they themselves appealed resolutions, which lengthens the process, and that also some of the changes in The trial date was requested by his defense.
The sentence acquits the local entity of Arenillas de Ebro, which was denounced as civilian liable.