The Second Section of the Provincial Court of Ciudad Real has sentenced José M. Lomas as the author of a homicide with intent, to a sentence of six years and three months in prison, as well as to compensate M. R. C. G. and D. R. M., the deceased’s parents, with 48,000 euros each as social responsibility, and R.A.D and D.S.R.C., the victim’s siblings, with 19,000 euros each as compensation. Lomas, a professional bookseller, shot and killed a man who entered his country house located in the Forest Park of La Atalaya in Ciudad Real to steal tools. The Court’s ruling considered the incomplete mitigating circumstance of psychological disturbance and the simple mitigating circumstance of confession to establish the sentence after the guilty verdict determined by the jury on April 13.
The prosecution initially asked for 12 years of imprisonment for the octogenarian, but after hearing the jury’s verdict, they reduced their request to six years. The incident occurred at 2:35 am on August 1, 2021, when a 35-year-old man entered the accused’s country house, who was then 77 years old, and was startled by noises inside the property. Upon waking up, the now convicted man took one of his shotguns—having several hunting weapons inside the house—and went outside. Inside his property, he saw a person at a distance of 15 meters, carrying a chainsaw and other tools that he had allegedly stolen from the tool shed of the country house. Upon realizing he was being robbed, the accused approached the alleged thief and shot him in the chest from a distance of five meters without warning, “with the intention of ending the intruder’s life”.
The incident took place in the country house located in the area of La Atalaya in Ciudad Real, where the owner killed a man who had entered to steal in August 2021. The Court’s ruling took into account the mitigating circumstance of partial psychological disturbance and the simple mitigating circumstance of confession to determine the sentence after the guilty verdict by the jury. The prosecution had originally requested 12 years of imprisonment for the elderly man, but they reduced their request to six years after the jury’s decision. The accused, a professional bookseller, shot and killed a man who had entered his property to steal tools.
The Prosecution, which first requested a 12-year prison sentence for the octogenarian, had already reduced its request to six years after hearing the jury’s verdict. The incident occurred at 2:35 am on August 1, 2021, when a 35-year-old man entered the accused’s country house, who was then 77, and was startled by noises inside the property. Upon waking up, the accused took one of his shotguns—having several hunting weapons inside the house—and went outside. Inside the property, he saw a person at a distance of 15 meters, carrying a chainsaw and other tools that he had allegedly stolen from the tool shed of the country house. Faced with the robbery, the accused approached the alleged thief and shot him in the chest from five meters away without warning, “with the intention of ending the intruder’s life”.
The ruling of the Court imposed a sentence of six years and three months in prison on José M. Lomas as the author of a homicide with intent, along with an order to compensate the deceased’s parents and siblings with varying amounts. The incident took place when a man entered Lomas’ country house to steal tools, leading to a fatal shooting by the accused. The Prosecutor had initially sought a longer sentence for the elderly man but reduced it to six years following the jury’s verdict. It underscores the importance of self-defense laws and the use of force in response to intruders, with the Court considering mitigating factors in its ruling regarding Lomas’ actions.
