Jury sentences Girona resident to death for murder and sexual assault
A jury finds Antoni Mompart guilty of murder, sexual assault and theft for strangling his ex-partner Carla Fernández on 26 July 2023 in Girona.
Guilty of murder, sexual assault and theft
According to elpais.com, the Popular Jury of Girona has unanimously found Antoni Mompart Tejada, 33 years old, guilty of premeditated murder, sexual assault and violent robbery. The victim was Carla Fernández, 26 years old, with whom he had maintained a relationship lasting only a few months before her death on 26 July 2023.
The tribunal, composed of nine members, established that Mompart waited hidden on the landing of Carla's stairwell. When she entered her flat, he threw himself upon her and applied the "mataléon" technique twice—described as "dangerous" by the jury—in order to render her unconscious and commit the sexual assault.
The facts established by the jury
Mompart removed her button-up shirt button by button, covered her face to avoid being identified, removed her bra and inserted it in her mouth to silence her if she regained consciousness. He pulled her tights down to her knees and tied her hands behind her back. While he had her on the ground, he touched her chest "with lustful intent", according to the tribunal's ruling. Finally, he strangled her, causing her numerous injuries.
The jury—composed of five women and four men—concluded that Mompart's initial statement to officers was more reliable than the account he gave during the trial. The magistrates highlighted that he appeared "calm and composed", with explanations that were "clear and concise", in contrast with his courtroom testimony, which was full of pauses and stammering.
Aggravating and mitigating factors
The tribunal found the aggravating factor of disguise: Mompart wore dark clothing, a hood, black gloves and a surgical mask. They also recognised the aggravating factor of a previous romantic relationship, but rejected the gender-based aggravation requested by all the prosecution teams.
The jury dismissed the mitigating factor of autism spectrum disorder (ASD) claimed by the defence. They also did not find the highly qualified mitigating factor of confession, with the exception of the theft. As for the murder following sexual assault, they recognised only a simple mitigating factor because Mompart denied in court having intended to cause harm and having had a romantic relationship with the victim, despite having admitted to this during the crime reconstruction.
Sentencing request
The Public Prosecutor's office has requested irreducible life imprisonment (25 years) plus 10 years for sexual assault and 3 years for violent robbery. The lawyer representing Carla's mother, the representatives of the Generalitat and the Girona municipal council agreed with this request. The defence, which has announced an appeal, requested the minimum sentence. The jury also did not approve the suspension of execution of the sentence or the granting of a pardon in the event of meeting legal requirements.
Source: Google News ES — Crime (es)