The 39-year-old Salvadoran Wilfred Ernesto G., with a criminal record, will have to serve 4 years and three months in prison for abusing a woman and assaulting the police officers who arrested him in Pamplona in 2022. The High Court of Navarra judge rejected their appeals and confirmed the sentence, which they can appeal to the Supreme Court. Thus, the Civil and Criminal Chamber of the TSJN confirms the sentences established at the time by the Court for the crimes of sexual assault, two years and six months, and of attacking authority, one year and nine months. In addition, the accused will have to compensate the victim in the amount of 3,120 euros for the injuries and with an additional 3,000 euros per moral prejudiceHe will also have to pay 130 euros in compensation to the police officer who injured him.
The facts in question occurred around 3:30 a.m. on May 8, 2022, when the accused ran towards the woman who was walking along the Vuelta del Castillo, in the area closest to the moat. The aggressor attacked the victim From behind he grabbed her by the neck, shook her and snatched the phone she was talking on, throwing it on the ground. Then he violently unbuttoned his coat and felt his chest.
The victim reacted to the attack by screaming very loudly until, alerted by her cries for help, a group of four young people arrived and put the attacker to flight. The Salvadoran did not get very far in his escape since a patrol of the municipal police of Pamplona saw him fleeing and decided to follow him. Later, they found him hiding in some bushes in a park, where they arrested him. The officers also recovered the victim’s handbag near the scene, and then the mobile phone that the accused had confiscated from her. The woman was treated by the medical services for severe back and jaw pain, caused by the violence of the attack.
bit a policeman
Already at the municipal police headquarters, the attacker took advantage of his transfer from the police vehicle to the police headquarters to attack the officers, biting one of them on the hand and headbutting him in the chest, causing him to fall to the ground. The officer was injured in the wrist following the fall. This was not the first time that this man had attacked the Police, since he had been convicted in 2019 for the offense of resisting the police.
At the time, the Provincial Court sentenced the accused to the same penalty, among other things because the victim recognized him immediately. The court considered that the crime of sexual assault was proven because the Salvadoran’s action “had an obvious sexual content, since from this action no other explanation can be deduced, which cannot be considered due to a simple friction or was fleeting, while it is “It is obvious that if the aggressor, after using force, threw the cell phone and tried to unbutton the complainant’s coat, there was a clear intention of sexual content.”
Regarding the paternity of the accused, “it must be said that if he did not see his face, it is because of the way in which the attack occurred, from behind, because he was wearing a balaclava, and because when he shouted and approached a group where he fled, the victim indicated “Immediately told the officers who came that the person who had attacked him was 1.60 tall and wore a dark color and with a balaclava”. In addition, the woman confirmed herself during the trial and stated that she had no doubts, both about the characteristics of the aggressor and the clothes he was wearing.
The defense appealed the sentence of the Provincial Court but now the Civil and Criminal Chamber of the TSJN rejects the defense’s appeal and once again determines that the accused committed a crime of sexual assault by grabbing the woman firmly from behind, unbuttoning her coat and touching her breasts.
The person arrested a few minutes later, the Court emphasizes, “agreed
height and dress with the description given from the first moment by the victim, who a few minutes later, from inside a police vehicle, saw the attacker and confirmed that he corresponded to the characteristics described.
