Tabaiba Murder: Acquittal Overturned, New Trial Ordered for Antonio J.

Tabaiba Murder: Acquittal Overturned, New Trial Ordered for Antonio J.

Source: El Día

The Canary Islands High Court has overturned the acquittal of Antonio J. in the 'Tabaiba crime' case, ordering a new trial for him while affirming the 24-year conviction of co-defendant José L.

The Canary Islands High Court (TSJC) has ordered a new trial for Antonio J., who was previously found not guilty by a jury in the famous 'Tabaiba crime' case, involving a death in Tenerife.

The TSJC overturned this acquittal following appeals from José L.'s defense (the other person convicted in the case), the Public Prosecutor's Office, and the victim's family. All of them disagreed with Antonio J.'s acquittal.

The TSJC agrees with José L.'s conviction but not with Antonio J.'s acquittal, and has therefore ordered a new trial with a different jury and judge.

Antonio J. was found not guilty by a jury vote of seven to two. This decision was based on phone recordings. In these recordings, Toño, who owned the apartment where the crime happened and was believed to be the mastermind (he later took his own life), asked Antonio J. to come to the apartment. Toño claimed the victim had attacked a relative of his, who was in intensive care, but he did not ask Antonio J. to kill him.

Security camera footage from the building was also considered. This footage showed Antonio J. arguing intensely with Toño, suggesting Antonio J. felt tricked and unwillingly involved in the crime.

The TSJC confirmed the conviction of the other defendant, José L. He was sentenced to 24 years in prison and ordered to pay 153,600 euros to Rubén's family. Rubén was murdered on February 21, 2023, in Toño's apartment. Toño committed suicide the next day at his business in La Laguna.

The jury determined that both defendants were in the apartment around 5:30 PM. They concluded that one person physically killed Rubén, while the second person was unaware of the murder but failed to report it to the police in the days that followed.

The conviction stated that Toño and Rubén were involved in a cocaine dealing business, and Rubén owed Toño 103,000 euros. To settle this debt, Toño invited Rubén to his apartment after seeing him during carnival, hoping to reach an agreement.

However, the jury believed Toño's real intention was always to kill Rubén. Rubén was killed with a crowbar within four minutes of entering the apartment.

The conviction relied on security camera footage from the building, a pharmacy, and a nearby supermarket. These cameras showed the defendants and Rubén arriving at the apartment at different times. Later, the two defendants were seen leaving together, but Rubén was not with them.

Both defendants also switched off their mobile phones at the same time when they arrived in Tabaiba, despite having spoken to each other multiple times earlier that day.

The jury concluded that once inside the apartment, Toño and José L. carried out a plan they had agreed upon. José L. then began hitting Rubén on the head, causing severe injuries and instant death.

Rubén suffered such severe skull fractures that he would not have survived, even if the attack had happened in a hospital.

Both defendants were arrested after a handwritten letter from Toño was found where he died by suicide. In the letter, Toño claimed they were innocent of the crime, but investigators did not believe him.