The judge files the case against two civil guards for the alleged brutality in the arrest of a young man who died days later

The judge who was investigating the alleged

of two Civil Guard agents in the reduction, on September 12, of a young man from Mairena del Aljarafe at the gates of his parents' house has decided to provisionally archive the case.

The victim died days later in the hospital, after having suffered a cardiorespiratory arrest in the struggle with the police.

The head of the Investigating Court 2 of Seville has concluded that the means used by the guards were "proportional" and that there is no "causal relationship between their intervention and the death" of the man because the respiratory arrest was due to a "syndrome of agitated delirium” caused by previous cocaine use.

The family of the deceased has confirmed to this newspaper that they are going to appeal because they are not satisfied with the account of the events described in the ruling.

It was Ángel Bejarano, the father of Carlos, the deceased, who called attention to what happened by posting on his Twitter account -which was opened only for this reason- the videos he recorded with his mobile.

In them you can see how the agents reduce his son, 37 years old.

One tries to hold his arm and the other immobilizes him by passing his arm around his neck, while they call a third to help them put on the handcuffs.

Bejarano recorded another sequence, which he did not broadcast and to which this newspaper had access, which shows how the guards, realizing that Carlos had stopped breathing, took turns performing CPR (cardiopulmonary resuscitation) on him and immediately called an ambulance that took nine minutes to arrive.

It was Bejarano and his wife who called 062 on September 12 asking for the Civil Guard to come after their son had left home very upset.

The couple feared that he would return.

According to the facts collected in the judicial order, Carlos had appeared at the house that he shared with his parents around seven in the evening "in an aggressive state and with a violent attitude, hitting the door to the street with force until he He managed to get into the house."

There, he attacked his father, causing injuries to her side, and then broke the ceramic hob with his hand and stuck a knife into another kitchen cabinet.

The agents offered to stay at the house and take them to the Mairena barracks so that they could file a complaint, but then her son reappeared, armed with a hammer with which he began to hit the gate of the door.

Seeing the guards, he rebuked them, encouraging them to come out because he "was going to kill them."

The uniformed men agreed to leave the house, while the parents stayed inside, and when they were outside, the young man threw two hammers and a spare wheel wrench at them, which they managed to dodge.

The guards took out his extendable defenses “hitting him on the arms and legs several times, driving him to the ground” and placing him face down.

"The work of reducing the agents begins, which lasted from 20:35:53 to 20:36:31," continues the account of the events.

The young man, "while on the ground, offers active resistance and tries to rotate."

Then one of the agents performs "a brachial compression maneuver."

“After about 55 seconds,” Carlos “suddenly ceased his aggressiveness, becoming unconscious, for which the agents […] began basic CPR maneuvers that continued until the arrival of the agents of another patrol, at the same time as they requested immediately and with the utmost urgency the presence of medical services, ”says the order.

Medical doctors performed cardiac massage for 25 minutes and administered adrenaline, insulin, and midazolam until "sinus rhythm was achieved" and he was transferred to hospital.

There he was admitted to the ICU in a coma for a week "with symptoms of hypoxic encephalopathy that evolved into confirmed brain death at 11:30 on September 19."

That same day his parents went to court to file a complaint.

“We are very upset.

It is evident what is seen in the video ”

"I called to be protected from my son, not to be killed," Bejarano explained to this newspaper on November 9, a day after he uploaded the videos of the reduction of the agents, desperate because he did not receive news. of the court on the status of the investigation into his death.

Four months later —five since Carlos died— his father remains convinced that the beatings that the agents gave the young man with the extendable batons "were excessive."

He is also not satisfied with the conclusion that the cardiorespiratory arrest was due to the consumption of narcotic substances.

“We are very upset.

It is evident what is seen in the video ”, indicates Bejarano to this newspaper.

The judge, however, considers that "the existence of rational evidence of criminality against the civil guards does not emerge that allows us to understand that their intervention, deployed from the time they respond to the call from the parents of the deceased until their reduction, should be classified as unlawful”.

He also does not see evidence that "there is a causal link" with his subsequent death.

After recalling that the agents went to the house because it was the Bejaranos who had requested their presence, he affirms that "the need to reduce Carlos is equally justified" given "the violent exaltation" of the young man towards them and the refusal to lay down his attitude when they urged him to do so.

To justify the lack of relationship between the intervention of the agents and the subsequent death of the young man, the judge relies on the autopsy report, which concludes that the duration of the reduction maneuver (brachial hold) of 55 seconds "is less than to two minutes, time after which the health of the injured person can be compromised”.

Regarding the respiratory arrest, the forensics maintain that "it was secondary to a syndrome of agitated delirium, induced by cocaine use moments before the violent episode in a chronic user" and point out that the deceased suffered from chronic ischemic heart disease, severe early coronary arteriosclerosis and a disease of the intramyocardial vessels.

The autopsy also indicates that the cardiac arrest ―referred to as a “catecholaminergic storm”― was “mainly and directly caused by the use of stimulant drugs and psychomotor agitation characteristic of an agitated delirium syndrome that was increased by the police presence and the violent struggle during detention”, elements that acted as a “complementary factor”.

The judge concludes that it is the deceased who causes this "catecholaminergic storm" by having previously consumed "cocaine, alcohol and cannabis", which causes "the risk situation" that leads to an "arrest that was necessary" and, therefore, "The causal link between the fact of the arrest and the damage caused is broken."