The cyclist met 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 craniofacial trauma and vertebral fractures that They caused death.
Now the judge has imposed a fine of 3.600 euros to the defendants in addition to dealing with an icompensation of 240.000 € to the cyclist family.
As reported 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 of 2015, when the deceased was riding a bicycle along a rural path in Arenillas de Ebro.
The man died due to a strong impact on the ground when he was forced to stop, since an electric shepherd wire was found that crossed the path through which it circulated. He suffered a craniofacial trauma and vertebral fractures that caused his death.
The sentence establishes that the indemnity must respond to the convicted, 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 encountered and that caused his fall and his death.
The defendants knew "perfectly" that the place where the pastor was installed was a frequent passage of cyclists
The sentence indicates that the electric pastor was placed on the path by one of the defendants, an employee of an agrarian transformation society. The other defendant is the agent of the company.
The facts were declared after the instruction a less serious crime of imprudence resulting in death, punished in the Penal Code with a fine of three to 18 months.
In this case, the judge opts for the penalty on the highest fork (twelve months fine) for "the seriousness of the facts", since the defendants knew "perfectly" that the place where the pastor was installed was a frequent passage of Cyclists In addition, it emphasizes 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 crossed the road and that as the only signaling 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 the injuries presented by the body "more than a sudden and short stop at something unexpected."
There was, according to the judge, "no other element or motive other than the cable" that justified "the sudden braking" that resulted in the coup and death. Discard the version of the expert witness that presented the defense.
The judge refuses to apply to the defendants the mitigation of undue delay, and argues that they have not been caused in the process a damage greater than the ordinary, that they themselves appealed resolutions, which lengthens the process, and that in addition some of the changes of Trial date was requested by his defense.
The sentence acquits the local entity of Arenillas de Ebro, which was denounced as civil responsible.
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