THE CASE against a Guardia Civil officer facing prison over two alleged road safety offences has been suspended after it emerged the man was already in prison.
The officer, who was accused of causing an accident after drink driving in Torremolinos in May this year, has been in prison for causing a fatal collision since June. The trial for the officer’s latest alleged offences will now recommence on June 1 2018 when the man can be transferred from prison to court.
In his latest trial, the Guardia Civil officer was accused of causing an accident on May 26 this year on the road between Alhaurin el Grande to Fuengirola in which three people were injured. The prosecution are seeking a year and a half in prison, as well as an eight year driving ban and compensation to the man’s victims.
They allege the officer had “previously ingested such amount of alcoholic beverages that he was incapacitated for the complete mastery of your vehicle. Thus, it is indicated that the accused was circulating “at an excessive speed and higher than it should be”, citing this for the reason he collided with a car and a moped. The prosecution added the man was “aware of the protocols and how to act in case of an accident”, because he was a police officer but instead “he decides to leave without further ado, avoiding and therefore refusing to undergo alcohol tests”.According to police, the man seemed drunk.
The same officer, known only as Sergeant Miguel, was tried in June for killing three and injuring seven in a car accident, facing four and a half years in prison.
Three people were left in a serious condition in hospital after the policeman, who was accused of driving at high speed and swerving between lanes on the A7 outside Torremolinos, hit two cars. The officer, who was previously the subject of six internal police investigations, and who was fined €650 in 2015 for threatening his neighbour, claimed he was driving at a normal speed.
Sergeant Miguel was also accused of trying to flee the scene of the accident, hurdling the central reservation and escaping into a pine forest. Two passing members of the National Police chased and caught up with him. He allegedly told the officers “I wasn’t driving, I was with another member of the Guardia Civil. The accident had nothing to do with me.” When asked in court why he fled, Sergeant Miguel said at that moment he “just wanted to die.”
He then allegedly tried to resist arrest after being breathalysed and found to have 0.47 and 0.50 milligrams of alcohol per litre of air in the two tests carried out. Once at the police station, Sergeant Miguel also tested positive for cocaine in a drugs test.
The accused, who protested his innocence, says he had drunk one beer at a bar before driving and swore on the lives of his three children he did not take cocaine, blaming the false positive on several coca colas and red bull drinks he had consumed before the test.