The High Court of Castilla and León (TSJCyL) has approved the sentence of the León State Court against a nursing assistant SVR for 20 years in prison for the crime of attempted malice murder (with absolute disqualification during the sentence) for injecting unnecessary insulin into a 90-year-old man in the Virgen del Camino mansion in the capital León.
However, TSJCyL partially supported an appeal filed by the convicted woman’s defense regarding compensation for emotional damages. The Leon State Court awarded the victim’s 10 nephews 5,000 euros and 175 euros, respectively, for the injuries they caused to what turned out to be her heirs, but the TSJCyL corrected this and established compensation for only one of the nephews.
On the other hand, SVR’s conviction as the perpetrator of the crime of minor bodily injury is maintained with the accompanying personal liability of a fine of €6 per day for two months and deprivation of liberty for every two unpaid charges, unless the circumstances match changing the criminal liability.
The Public Prosecutor’s Office also appealed, believing that the defendant should have been given a reconsiderable life sentence in accordance with the High Court’s criteria, which considers incompetent betrayal to be compatible with the first circumstances of Article 140, Paragraph 1 of the Penal Code. TSJCyL rejected the appeal.
Based on this judgment, it will be possible to appeal to the Second Bench of the Supreme Court as a violation of law and formality.
The events referred to in the judgment occurred on August 17, 2022, after the defendant gave the victim an unnecessary insulin injection at the Virgen del Camino residence in the capital León, after which the victim, who was in his 90s, fell into a glycemic coma and died a few days later.
On May 13, a popular jury, by a majority vote of 8 to 1, found defendant guilty of intentionally causing the resident’s death and unanimously found him guilty of inflicting injuries consisting of an angular erosion on the right side of the head and a mild ecchymosis on the left upper eyelid, which recovered with the assistance of the first physician and healed within five days without the need for surgical treatment.
fact
According to the ruling, there are proven facts that on August 17, 2022, the nursing assistant, along with other residents, took a 98-year-old resident with advanced dementia, who was dependent on basic care and daily activities, to his room after dinner to put him to bed.
At around 7:45 p.m., while the defendant was helping the victim get to bed and clean up, he assaulted her by hitting her on the head several times with his hand and shaking her, causing the resident to yell, “Don’t hit me, don’t hit me!”
Hearing this, another assistant from the mansion came into the room, and the old woman said: “He hit me on the head.” After being informed of the incident, the care manager and the director of the residence went to the center, and a team from the national police also requested an ambulance to treat the elderly woman.
injury
As a result of this attack, the resident sustained injuries consisting of an angular erosion on the right side of the head and mild ecchymosis on the left upper eyelid, which healed without the need for surgical treatment in 5 days with the assistance of the initial physician.
At approximately 8:15 p.m., Aug. 17, the residence’s caretaker instructed the suspect to change clothes and return home until it was determined what had happened. Some time later, at approximately 8:30 and 9:00 p.m., as she was preparing to leave, the assistant entered the nursing room and retrieved an insulin glargine “pen” from the care cart. This is another resident of the center’s synthetic long-acting insulin. This resident was the only one of all residents in the residence who required insulin, and her name was written on the “pen.”
When open, the insulin pen was placed on a treatment cart, which was located in the nursing room, and all health and cleaning staff had the authority to conceal the key from residents. The defendant went to the victim’s room, and while the elderly woman was lying down, he injected the contents of insulin through four holes on the inside of her left thigh with the intention of killing her.
insulin poisoning
Later, at around 9:00 am on the 18th, other assistants went to wake the resident from her bed and found her to be desaturated, persistently apneic, and unresponsive to stimuli. By 112:00, she was transferred to the emergency services of the León Hospital, and although she was not diabetic, she was admitted in a coma as a result of insulin toxicity, which causes metabolic encephalopathy. And I never needed insulin.
The elderly woman was hospitalized until September 4, 2022, when she died as a result of hypoglycemic severe metabolic encephalopathy caused by insulin poisoning intentionally caused by the defendant. Given the victim’s particular vulnerability, she was unable to defend herself or mount a minimally effective resistance, and the accused recognized that there was no possibility of defending herself.
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