"If the defendants had acted with the urgency required on October 6 and in accordance with the terms of the message referred by the school, and they would have proven that (the minor) received medical assistance that same day, it would have been avoided in any probability the Death (three days later) ".
That is the conclusion that the owner of the Criminal Court number 2 of Guadalajara, Nuria Barabino Ballesteros, arrives, to condemn two minor technicians from the Council of Social Welfare of the Communities Board of Castile - La Mancha and his own Banguela of the child died on the penalty of seven months in prison for a crime of reckless homicide.
In addition to this penalty, which has been reduced to its minimum degree due to the undue delay of the processing of the cause, seven years (2014-2021), the two technicians of the Board, one of them employed by a non-profit association Contracted by the Regional Government for the Development of the Farm Farm Program in Guadalajara and Toledo, Actia, they have been sentenced to 18 months of disqualification for all public employment or trade related to minors.
The judge has failed that the Board of Castilla La Mancha and Actia itself are responsible for subsidiary civilians of the condemned, so they must pay parents of the younger minor a compensation of 76,690.12 euros.
According to the content of the sentence, dated September 30, now notified to the parties and the one who has had access to the world, the least 13-year-old, died the afternoon of October 9, 2014 by a diabetes that It was complicated because neither the great-grandmother nor the two technicians adopted "the necessary measures to ensure that the minor received urgent medical assistance."
Of the story of facts tested by the judge is detailed that JC, born in 2001, with just three years of age was already in a situation of helplessness, so he took over the Board of Castilla-La Mancha, who delivered him in legal status of family fosterity to the child's great-grandmother, Isabel ASF
Fruit of a completely unstructured family, with the father in jail and each spouse, social services understood that the best solution, more than a welcome center, was the most stable and close family environment: the great-grandmother.
The family set its residence first in Horche and later in Alovera, municipalities of Guadalajara where the youngest attended class and was served in local health centers, always under the supervision of board technicians in charge of their proceedings. From that time, 2012, Horche's family doctor reports that "the minor J. C. goes to the controls and has not suffered serious illness."
However, in 2014 the child's health problems began soon: May 29, the school center shows its concern about the child's health status to the technician of the foster program, to which they report that "they have been detecting small diseases by detecting such as diarrhea and eczems on the skin ". A few days later, on June 12, another socio-educational report of the center again influence his concern about the minor's health status "who says they have not taken him to the doctor."
Health problems do not cease, more on the contrary, are aggravating. Thus, on October 3, six days before dying, the child does not go to the Institute of Him and when they call the great grandmother, he says that she "wanted to take him to the doctor." Three days later, on October 6, it is the minor itself, which presents "a sickly aspect", who tells his tutor who has several days bad, vomiting, and that "the great-grandmother had not taken him to the doctor."
The tutor sends it home and informs the institute's counseling, which immediately refers an email to the two technicians of the Board, mail that has served as a basis for the judge to condemn them: "I just talked to the JC tutor says that the student is sick since last Wednesday and who has vomited. In fact, he tells me that, in his opinion, he would have to take him to the doctor urgently because he has yellow eyes and he has no good look. The tutor is very worried about his appearance".
However, according to the judge, the two minor technicians, after receiving this email, were limited to telephone the lenant's greatness to communicate that he had to take the child to the doctor. When the great-grandmother told them that she already had an appointment for two days later, on October 8, these did not perform any more management did not even prove the day 8 that the visit had been made.
Thus, he has been credited that, at 6:43 am in the morning of October 9, the great-grandmother called 112 to report that his grandson did not stop vomiting everything he ingested and "it was muffled and decayed". She was told that she had to take the child to the pediatrician that same morning and that the younger will not take anything until the doctor did not see him.
However, instead of taking it to the Alovera Health Center, the great-grandmother caught by phone to give the same information: that his grandson did not stop vomiting. When the doctor asked her about her parents' parents, the great-grandmother answered that it was a private thing and she hung up the phone without further, without waiting for a medical response about her grandson's health.
A few minutes later, the great-grandmother called again, this time to the Azuqueca Health Center, to inform a doctor that his grandson had taken a liter of Coca Cola and was with vomiting. The doctor prescribed telephone serum orally and who will take the child to face-to-face consultation and, in case he could not take him, to be told that they were going to his house to see him, something that rejected the great-grandmother: "No need, What happens to the child has already happened on previous occasions and may improve with serum intake, "he answered.
That same afternoon, the boy died in his bed between vomiting. He measured 1.5 meters and weighed 26.5 kilos, "in a state of malnutrition or severe dehydration." According to the forensic, "the immediate cause of death was by cardiorespiratory stop secondary to hypovolemic shock; the intermediate cause diabetic ketoacidosis and the initial or fundamental cause, diabetes mellitus and its complications."
According to the judge, the great-grandmother is responsible for reckless homicide because "despite having knowledge of the minor's health status and having received express indications to take the doctor on 6-10-2014, as well as being aware of the worsening of Your health on 7, 8 and the same October 9, 2014 October, adopted a passive and reluctant attitude both to bring to the child and to the doctor and to facilitate the doctor's access to home depriving, in short, the child of the Need to be seen by a doctor and be transferred to a health or hospital center, where they could have saved their lives. "
Regarding the defendants, the sentence establishes that they are also responsible for a crime of imprudent homicide as the one commitment to the greatness of the minor because "if the defendants had acted with the urgency required on October 6 and according to the terms of the message referred For the school, and they would have proven that it received medical assistance that same day, death would have been avoided. "
And goes further the judge: "They were aware that until the 8th I was not going to receive it (medical assistance) without showing more attention or interest in the health of the child as it does not consist that they will contact the cozy on October 8 Nor is the day 9 in which the death occurs. It was necessary before the situation described to adopt the necessary measures to ensure that the child received urgent medical assistance and the truth is that minimal action as a call to emergency services of the 1-1-2 or the Azuqueca Emergency Center of Henares could have saved his life. "
The fourth defendant, the head of the Juvenile Section of the Board in Guadalajara, has been acquitted because, according to the judge, it was not informed and therefore did not know what happened between October 6 and 9, 2014.
For the four-three condemned and the acquitted - both the prosecutor and the particular accusations represented by the parents of the deceased minor had requested a penalty of two years and six months in prison, as well as five years of disqualification for any public office related to Minors, so with the reduction of the conviction and not having a criminal record, none of the three will enter prison.
The judge has acquitted the two accused insurance companies, Zurich and Allianz of any compensation payment because although the first was the Insurer of the Food Program when the facts occurred, his judicial site was not requested by the Legal Cabinet of the Board up to four years later, when he no longer managed such coverage; And to the second because he signed the policy with the regional government in 2017, three years after the facts occurred, and does not consist that in the contract it was consistent that it took risks with retroactivity.
Therefore, both the Board and the Actia Association have been convicted as subsidiary civilians and will have to take charge of the payment of the compensation of 76,690.12 euros to the parents.
The sentence is not firm and may be appealed by the parties.Updated Date: 14 October 2021, 21:18