The Superior Court of Justice of Andalusia (TSJA) has confirmed without changes the ruling of the Provincial Court of Huelva that imposed 15 months in prison on a man for a crime of omission of the duty to prevent the commission of crimes, by remaining in his car while his companion attacked two neighbors --father and son-- with a knife on a farm in Valverde del Camino, causing the second a thoracic injury that was classified as attempted homicide.
According to the details of the ruling, which Europa Press has accessed, the Andalusian High Court rejects the appeal filed by the defense of the convicted, which claimed his acquittal by alleging an error in the assessment of the evidence by the trial court and the violation of the right to the presumption of innocence.
The events occurred on the afternoon of July 24, 2023, when the now appellant traveled with another man in his own vehicle to a farm in the municipality of Valverde del Camino. Once at the location, the driver remained in the car, located about 15 or 20 meters away, while his companion went to the house and started a discussion with the residents.
During the dispute, the aggressor pulled out a knife and first attacked an 89-year-old man, causing cuts on his forearm and throwing him to the ground, continuing with kicks when he was already down. Next, when the son came to assist his father, the attacker lunged at him and stabbed him in the chest "with the intent to end his life," causing a puncture wound in the sixth right intercostal space that required medical assistance and hospitalization in serious condition.
After the assault, the two men left the farm in the same car. The ruling of the Court considered it proven that the driver had a direct and unobstructed view of everything that was happening and that he refrained from intervening to stop the assaults, despite the fact that, according to the ruling, "he could have acted without risk to himself or others" to prevent them.
Convictions for the aggressor and the companion
For these facts, the Third Section of the Provincial Court of Huelva sentenced in October 2025 the material author of the stabbing to four years in prison for a crime of attempted homicide and to another additional year for a crime of aggravated injuries, applying the highly qualified mitigating factor of damage repair for having previously deposited more than 10,500 euros to cover the established compensations.
As for the driver, he was imposed a sentence of 15 months in prison as the author of a crime of omission of the duty to prevent the commission of crimes, in addition to the obligation to respond jointly and severally for the payment of the compensations recognized in favor of the two victims.
In the appeal, the defense of the companion argued that their client did not witness the aggression as he was on an exterior path and articulated an exculpatory version according to which the violent events would have occurred outside the estate.
However, the TSJA dismisses these theses and fully endorses the assessment of the evidence made by the Court of Huelva. The resolution highlights the "solidity, coherence, and verisimilitude" of the statements of the victims, reinforced by the testimony of two other neighbors who came to assist them or saw the moments after, as well as by the reports of the Civil Guard.
The court concludes that the evidence presented at the trial was "perfectly valid, lawfully obtained" and sufficient to undermine the presumption of innocence of the appellant, therefore fully confirming the conviction and declaring the costs of the appeal ex officio.