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The Superior Court of Justice of Madrid has partially upheld the appeal presented by David Bárcena, the only adult convicted of the crime of rapper Isaac López in a tunnel in Madrid in July 2021 and revokes his permanent, reviewable prison sentence. Bárcena, considered a member of the Dominican Don't Play gang, had become the youngest defendant to receive the maximum punishment of the Spanish penal code, at 20 years old. The court has not considered treachery to be sufficiently proven, that is, that the victim did not have the capacity to defend himself. This transforms the crime from murder to aggravated homicide and the accused is sentenced to 20 years in prison. The lawyer for Isaac's family, Juan Manuel Medina, has announced that he will appeal the decision to the Supreme Court.
According to the ruling, the victim's inability to defend himself has not been proven. In the verdict, the popular jury did consider it proven that Isaac had been stabbed in the back when he was on the ground after having tripped and fallen. The new resolution has taken into account some wounds found on Isaac's body, which could be compatible with signs of defense, the testimony of some witnesses who claimed to see the victim standing and the trail of blood that the police officers analyzed in the scene that could indicate that Isaac was able to walk a few meters while injured.
The TSJM court maintains that it cannot be maintained that he could not defend himself because he was “an athletic person, with training in martial arts who carried a knife.” The ruling also refers to the forensic report in which it is indicated that the injuries showed "sliding", which would indicate that when they occurred there was movement of the victim, which is, in the court's opinion, another reason to consider that Isaac was not lying on the ground.
The crime occurred in July 2021 when Isaac López, an 18-year-old resident of Arganzuela known for his rap songs, had just left home. On that short trip he ran into the four convicted of this homicide when they were riding three scooters. He began a chase that led to the Pacífico tunnel, a short distance from Atocha. It was inside where the stabbing occurred. Of the four accused, only Bárcena was of legal age. He had turned 18 two months earlier and it was he himself who confessed to having stabbed him, once at the police station.
They were all arrested four months after the crime, after an arduous investigation in which the rental of the scooters and the security camera recordings constituted key incriminating evidence. The other three involved were tried in a separate procedure and sentenced to between three and six years in closed detention centers. All four were considered proven members of the Dominican Don't Play at their respective sentences. The motive for the crime was, according to the police investigation, disagreements within the world of youth gangs that led to this fatal outcome.
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This new sentence means that, if prison conditions such as good behavior or compensation for damage are met, Bárcena could begin to enjoy leave once half of her sentence has been served, starting in 2031, a privilege that permanent, reviewable prison does not contemplate. The resolution does consider the accused's membership in the Dominican Don't Play to be proven and that is why it qualifies the homicide as aggravated for being part of a criminal organization.