Quick and forceful sentence for the two defendants for the theft of the 45 bottles luxury gear Lobby, which occurred in October 2021. Quick because the last session of the trial was last Wednesday, so the magistrates have deliberated in just a few days. And forceful because the penalties coincide with those requested by the fiscalalthough he differentiates in his ruling the role that both protagonists of the robo: for Constantin Dumitre48 years old, a Romanian-Dutch citizen, who receives the maximum sentence of four and a half years in prison; However, for Priscilla Lara Gueverathe 29-year-old former Mexican miss, the sentence is somewhat shorter: four fair years.
“It seems outrageous to me,” the lawyer told EL MUNDO Sylvia Crdoba just know the judgment, who has begun to study to offer a more in-depth assessment in the next few hours, although he has admitted that the penalties are a “stick” for his clients, who in his opinion did not expect them due to how the trial sessions took place. “No conclusive evidence was provided by the investigation, only indications,” the lawyer has always maintained.
The distinction of penalties from the sentence For both defendants, it has to do with the role that the police investigation gave them from the outset: the man was the mastermind of the assault, also having a history of this type of robbery, while his girlfriend allowed herself to be carried away by the air of grandeur and the life of luxury that he intended.
In this way, the thesis of the defense, represented by the lawyer Sylvia Crdoba, who considered that at most a crime considered as theft occurred, has not been considered by the court. The defendants have been convicted as perpetrators responsible for the crime of robbery with force in an establishment open to the public of special gravity, for which they must also indemnify jointly and severally with 753.454 euros. This amount comes from the compensation that the insurer real insurance has paid the Atrium owners due to the disappearance of the bottles, which have not yet been located. His value on the restaurant menuof sale price to diners, exceeded €1.6 million.
As stated in the sentence, it is considered as proven facts that the two defendants, by mutual agreement and with the purpose of obtaining an illegal benefit, decided that the woman should stay in the apartment. Atrio de Cáceres hotel on October 26, 2021, a place they knew about because they had previously been planning the robbery at the restaurant’s own facilities up to three times on previous dates: June 1, June 13, and August 12, 2021.
As the workers of the establishment pointed out from the beginning, the reservation was made only by the woman using a fake passport carrying only a backpack “that when caught in an oversight of Priscilla by an employee I observed that it had no weight”.
According to the account of the facts, later, a Constantin Dumitre to have dinner and stay, without registering, at the hotel. After dinner in the restaurant located in the same, they took a guided tour of the winery and then went up to their room. At around 2:10 in the morning, the defendant called the reception, asking for a salad and repeatedly asking how long it would take for it to be served to the only employee who was in the hotel-restaurant at the time.
The reception employee, “after refusing to carry out the order, stating that he was alone and the kitchen closed and surprised by the request, given that they had dined a 14-course tasting menu, at the insistence of the defendant he agreed to the request, indicating that it will take at least 20 minutes to serve what is requested”. Thus, it was possible to mislead the only worker in the establishment who could be attentive to the entrance and exit of the winery area, which is located next to the dining room, and who did not have a camera surveillance system inside it, according to It was verified at trial.
FIRST ATTEMPT
In this way, the employee went to the kitchen, a moment that the defendant took advantage of, who appeared at the reception “where he took an electronic key with which he went to the bodega, failing to open it because it was not the right key.” Meanwhile, the employee, after raising the salad, returned to reception.” The man, from the cellar door, made a call to his sentimental partner to return to entertain the receptionist.
Thus, moments later, the defendant repeated the call to reception, this time to request a dessert, to which the employee once again objected, finally agreeing to bring her some fruit.
In the judgment It continues to detail how the events unfolded. “The defendant returned to the reception and from a box he took the master key number 27, opening the winery with it, accessing the tasting room where he seized 45 bottles of wine that he kept in a backpack and two large bags going up immediately to the room before the return of the employee to the reception”, it is reported.
Finally, the defendants hurriedly left the hotel around 5:00 in the morning, “carrying the man’s backpack on his back and the two bags with the bottles, into which he had put four towels from the bathroom of the hotel room to prevent them from jingling among themselves, getting into a vehicle, conclude the proven facts of the sentence”.
The defense appeal
The sentence is not final and against it it is possible to file an appeal before the Civil and Criminal Chamber of the Superior Court of Justice of Extremadura. The lawyer for the defense of the defendants, Sylvia Córdoba, already announced after the trial that if the sentence was against her clients with prison sentences, she was going to present said appeal. In addition, on several occasions he has asked them to leave the Cceres prisonwithout success, where they have been since last August, having also remained in prison as soon as they were arrested, in July, on the Croatian border.
In statements to this newspaper, Sylvia Córdoba has indicated that the prison sentences “are very harsh” because, after all, “what we are talking about is a theft of bottles, not a violent crime against people”. . In this way, the lawyer explains that “a robbery with violence, that is, hitting someone to rob him, is punishable from two to five years and here one of my clients has been sentenced to four and a half years and Priscila to four years.” for an alleged robbery that did not involve any type of physical violence and is at best a robbery”.
The lawyer confirms that she is going to appeal the sentence “because, among other things, the existence of any key to access the winery has not been proven.” Thus, he insists that one of the workers found that “the door was open the morning after the robbery and therefore we do not know why the sentence states that the perpetrators used a key”, among other issues.
In addition, it recalls that “the recordings of the establishment have not been seen either because they have not been viewed in the oral trial sessions” and there is no direct evidence from the authors, as has been recognized, according to Córdoba, “the Prosecutor’s Office itself” but, in any case, “numerous indications”.
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