Four and a half years in prison for Vigo's Security Councillor over fatal Saltamontes accident
The private prosecution seeks four and a half years in prison for Patricia Rodríguez Calviño for the Saltamontes accident at the Matamá festivities in 2024, which cost Iván C. his life.
Trial over Vigo's Saltamontes: Security Councillor faces four and a half years in prison
The private prosecution is seeking four and a half years in prison for Patricia Rodríguez Calviño, Security Councillor in the municipal government of Abel Caballero in Vigo, for her alleged responsibility in the fatal accident that occurred on 3 August 2024 during the festivities of the Matamá parish. This is evident from the prosecution documents prior to trial that ABC has had access to.
The accident occurred when Iván C. and his partner were enjoying the attraction known as the Saltamontes. One of the hydraulic arms came loose from the central axle: Iván C. died instantly and his partner suffered physical injuries and psychological consequences.
Two defendants headed to trial
Of the various individuals initially investigated, the judge has directed the case only towards two defendants: Genaro M., owner of the attraction, and Councillor Rodríguez Calviño. The lawyers of the victim's parents and his partner agree in their documents in pointing to both as responsible for the crime of manslaughter through gross negligence—for Iván C.'s death—and for the crime of assault—for the injuries suffered by his partner.
According to the private prosecutions, Genaro M. put the Saltamontes into operation despite "not having administrative authorisation" and without adopting "the minimum safety conditions required". The Matamá festivities began on 30 July 2024 and the Saltamontes was put into operation despite the municipal authorisation having been explicitly denied to it.
Prosecution points to councillor for failing to act
The lawyers of the injured parties argue that neither Rodríguez Calviño nor the municipal services adopted "any effective executive measure" to prevent the attraction from continuing to operate. In their view, the Councillorship should have ordered "the immediate cessation, suspension or sealing of the attraction" as soon as it became aware that it was operating without proper paperwork. In their argument, the most "prudent and required" action would have been for the Councillorship to block its operation rather than merely noting the irregularity.
For the crimes charged, the private prosecutions are seeking four years in prison for each of the defendants for manslaughter through gross negligence, plus an additional six months for the crime of assault.
Compensation claimed
On the civil side, Carlos Pérez Parga, lawyer for Iván C.'s parents, is seeking compensation of over 120,000 euros for his family. Francisco Méndez Senlle, who represents the victim's partner, is claiming just over 155,000 euros. Additionally, lawyer Celeste Barco is bringing private prosecution charges on behalf of the family of a 14-year-old minor who was a direct witness to the accident, and is seeking 15,000 euros for the consequences it caused her.
The councillor's defence: responsibility lay with the Local Police
Rodríguez Calviño has filed a motion for reconsideration in which she shifts responsibility for any eventual sealing to the Local Police. In her argument, she points out that the officers "may adopt provisional preliminary measures directly in cases of shows that entail a risk, such as immediate suspension, evacuation, sealing (...) or other measures they deem necessary". The Councillorship, according to her view, should only have intervened subsequently to modify or lift those measures.
This line of defence is based on the debate that arose during the investigation around an email that the Councillorship sent to the Local Police informing them that the Saltamontes, amongst other attractions, lacked authorisation. That document did not, however, contain an express order to seal it. The head of the Local Police, also initially investigated, clung to this absence of a direct order. The judge sided with him and shelved the case against him, concluding that "the inescapable duty" to order the sealing fell to the councillor.
Rodríguez Calviño's defence disagrees: that email was not, according to their interpretation, a "mere communication", but rather an "express administrative decision denying authorisation" for the opening of the attraction. She adds that she "could not substitute for the Local Police in the technical or police verification of compliance" with the closure.
The councillor also argues that the Saltamontes was a "private attraction" on which there was an "express decision" preventing it from operating, and that she neither "controlled its assembly" nor had "direct technical capacity over the mechanical risk that caused the outcome".
Prosecutions seek to expand the number of defendants
In addition to the head of the Local Police, the judge shelved the case against the head of the Security and Mobility Area of the Town Hall—hierarchically subordinate to the councillor—and against the president of the festivities committee. The private prosecutions are asking that this shelving be overturned and that both also take a seat in the dock alongside Rodríguez Calviño and Genaro M. In their view, upon learning that the Saltamontes was not authorised, "they were able to and should have done more".
Next steps
The judge at the Vigo Court of First Instance number 3 must now resolve the motions for reconsideration filed by the parties. It also remains pending for the Public Prosecutor's Office to present its own prosecution document before the judge sends the case to trial.
Source: ABC