Jury Weighs "Home Invasion" Charge Amid Tenerife Family Row

A jury in Santa Cruz de Tenerife is currently deciding whether a man is guilty of breaking into his late mother-in-law's home. This case has highlighted deep family disagreements, with the family bringing the charges asking for a two-year prison sentence, while the public prosecutor's office wants the case dropped, arguing that the events don't count as a home invasion under the law.

The family claims the man illegally entered his mother-in-law's house in Valle de Guerra on September 7, 2024, by climbing an outside wall. Once inside the property's garden, they say he violently hit a window and the back kitchen door, and threw several items. These actions, according to the family, caused fear and distress to the elderly homeowner, who was inside the house. It was also mentioned that the accused allegedly tried to run over two other relatives of his wife when leaving the scene, an incident for which he was already convicted in a separate, minor case.

However, the public prosecutor's office, which did not formally charge the man, believes the incident is part of ongoing family arguments, with previous complaints already settled in court. Prosecutor María Rodríguez has questioned the videos presented by the family, saying they don't clearly show who the person is. Even if it were him, the prosecutor argues the images do not show forced entry into the home or an intention to violate it. Instead, they show the individual remaining outside, interacting with other people, and calmly leaving, although a hammock is seen being thrown.

During the trial, the family's lawyers called five witnesses, including two of the deceased woman's children (the accused's brothers-in-law), a neighbor, and two members of a local association. The homeowner's children said they weren't there when it happened. The neighborhood representatives stated they arrived as the accused was leaving, and one mentioned seeing him throw a wooden object with nails into the street. However, none of them directly witnessed the entry or the alleged acts. The neighbor reported hearing noises and recorded three videos on her phone, which she sent to one of the complainants. While these videos were accepted as evidence, both the defense and the public prosecutor questioned them due to a lack of clear date and time information and poor quality for identification.

The accused denied being at the house that day, claiming the problems stemmed from his wife's siblings refusing to divide an inheritance. In her closing statement, the prosecutor disagreed with the witness who said a wooden object was thrown, stating it was a hammock worth less than 90 euros. The accused, in his final words, said the hammock belonged to him and that he had a good relationship with his mother-in-law.

The jury will make the final decision, determining if the proven facts meet the legal definition of home invasion in Spain, which requires entering or staying in a dwelling against the occupant's will. Although there isn't a fixed cost for a jury trial, jury members are paid a daily allowance of 67 euros for each of the eleven members (nine main and two alternate), plus money for travel, accommodation, and living expenses, as set out in Royal Decree 385/1996.