On August 1, 2021, Juan José Lomas, who is now 80 years old, heard noises on his property in Ciudad Real and woke up startled. “I woke up around two in the morning due to some noises outside, I took the shotgun, I went out to the patio and when I saw a knotted curtain, the door of a storage room open and the irrigation panel completely destroyed, I panicked and thought they were coming for me.“This retired bookseller said just a week ago.
Thus, with fear in his body and “cowarded”, he took the shotgun because he thought that his life was at stake: “I saw a figure with Eskimo-type clothing, with a chainsaw up, I thought there were more people and that If I got close they could cut my neck“This would be the reason why, according to what he said, he shot up to two times ending the life of Nelson Davida man of Honduran nationality and with an extensive list of criminal records, an expulsion order, reported for domestic violence and with 36 arrests to his credit.
Lomas preferred to “die” rather than leave his house to “thieves”However, he wanted to make it clear that at no time was his intention to kill anyone, he just wanted to “get rid of the nightmare.” Some statements that serve as the basis for his claim of self-defense and that are far from what the private prosecution stated that he requested 25 years for the retiree for “a murder executed like in the old west” marked by “anger and hatred.” “The Prosecutor's Office, for its part, does not share the defense's thesis and insisted that the victim is the deceased and not the accused.”
“Justice for José Lomas”
On April 13, the popular jury declared Juan José guilty of a crime of homicide with possible intent. Likewise, he considered Lomas's incomplete defense of psychic anomaly and the mitigating defense of confession proven. From here, it will be the magistrate of the Second Section of the Provincial Court of Ciudad Real, Mónica Céspedes, who in the coming days will dictate the sentence determining the prison sentence.
Both the trial and the guilty verdict have generated great controversy in society and in just three days up to 20 campaigns have been registered, according to Change.org, to ask for “justice” and demand a “pardon” for José Lomas. Among the arguments put forward by those seeking justice for the 80-year-old bookseller is the increase in crime. “This case highlights the urgent need to review our laws on self-defense. In Spain, each year, around 113,034 robberies with violence and intimidation are registered (INE). Citizens must have the right to protect themselves without fear of legal reprisals“says one of these campaigns that calls for a fair review of the case.
“Convicted of defending his life and property. Instead of being recognized as a victim, he has been treated as a criminal. We call on the Spanish Government to grant clemency to José Lomas and review current laws on self-defense to prevent further injustices like this,” requests another of the campaigns registered on the platform. But it's not just about pardons because There are those who directly ask for “amnesty”. Because if there is amnesty for some Catalan politicians, why not for a “man who is nervous about the threat posed by a possible attack with a chainsaw.” Thus, they point out that José Manuel is “a good man who has acted proportionally” to the tragic situation that he experienced in his own home.
On the other hand, one of the petitions registered on Change.org recalls that José Lomas is not the first case of a citizen convicted of acting in self-defense. “Benito, a 64-year-old man with visual and hearing disabilities, has been sentenced to two and a half years in prison for the death of the thief who entered his house at night, when he was sleeping,” they explain. For all these reasons, these 20 initiatives call for the immediate release of this octogenarian. One of the campaigns exceeds 2,300 signatures and dozens of comments of support .
Who can request clemency and how
The pardon can be requested the convict himself, his relatives or any other person on his behalf, without the need for a written power of attorney to prove their representation. It can also be promoted by the sentencing Court, the Supreme Court, the Public Prosecutor's Office, the Penitentiary Surveillance Judge or the Government.
To request it it will be necessary to send a letter to the Minister of Justice or the application model in which all the information related to the judicial case and the prisoner in favor of whom the pardon is requested must be included (court or tribunal that issued the sentence, number of the same, procedure or cause and its number, executory and your number).
Finally, it should be noted that The pardon can lead to the elimination of the sentence, if it is a total pardon or its replacement by another minor in the event that it is partial. And very importantly, this grace measure can eliminate the sentence but not the elimination of the crime or the criminal record.