The presiding judge of Courtroom 1 of the Civil and Instruction Section of the Court of First Instance of Vera has denied that the great-aunt of the four-year-old boy from Garrucha (Almería), allegedly murdered by his mother and her partner last December, can intervene in the case as a private prosecutor, considering that her kinship does not allow it.
As stated in a recent order, to which Europa Press has had access and against which an appeal can still be filed, the judge determines that the applicant's link to the minor is in the fourth degree of consanguinity, and therefore, in accordance with current regulations, she is excluded from the possibility of exercising criminal action as a private prosecutor.
The resolution recalls that this power can only be exercised by relatives "in a direct or collateral line within the third degree" or by those who had held their guardianship, curatorship, or foster care, circumstances that, as the investigating judge concludes, do not apply in this case.
The defense of J.D.R.C., the romantic partner of the child's mother investigated in the case, had already expressed its opposition to the great-aunt's entry as a prosecutor, understanding that the legal requirements for it were not met, especially after the maternal grandfather of the minor, who is in turn the father of the investigated B.Y.B.O., was admitted to the proceedings.
Lawyer Manuel Martínez also stressed that the woman was already participating in the criminal proceedings as a witness during the investigation phase, which continues and in which the owners of the house where the couple and the child had rented a room are scheduled to testify this coming Thursday.
The Almería Provincial Court agreed last April to incorporate the minor's maternal grandfather into the process to exercise the prosecution against his daughter's partner, who gave birth in mid-May. In this regard, his legal representative, José Luis Martínez, announced the grandfather's intention to request custody of the newborn.
The judge ordered the release of B.Y.B.O. due to her advanced pregnancy and the imminent birth, while maintaining for her partner the measure of provisional detention, communicated and without bail, in the Albolote prison (Granada).
Both face charges of alleged crimes of abuse and homicide of the minor, whose body was found on the night of December 4, 2025, in a bunker located on a beach on the outskirts of Garrucha, where he would have been taken by the couple after his death in the family home that same day.