Remember that the Benemérita agents "must show impeccable behavior at all times"
MADRID, 6 May. (EUROPA PRESS) -
The Supreme Court (TS) has ratified the sanction imposed on a civil guard for violating the dignity of the Benemérita with his conduct -- he caused a "brawl" in his own group of friends because the son of one emptied an envelope of ketchup, He even bit another and fled until he was arrested by the National Police--, considering that the punishment is "clearly" justified because the agents must have "impeccable behavior."
The events took place on the night of September 5, 2020 on a terrace of a bar in a municipality of Cáceres where the civil guard, his partner and some friends were having a drink. At one point, the 10-year-old son of one of the friends spilled a ketchup envelope on the Benemérita agent, which made the boy's behavior ugly, triggering an argument.
The minor's father told him that if he continued to address his son he was going to "give him a shit", to which the uniformed man replied "not to get so cool". According to the account collected by the Military Chamber of the TS, "the discussion led to a series of physical confrontations" --"with shoving, punching and even a bite" that required stitches-- between the civil guard and his partner , on the one hand, and the rest of friends.
In the end, the agent from the Armed Institute, bare-chested because his clothes tore "during the struggle," fled. Up to three National Police patrols traveled to the area to find the civil guard. Once located, he "ignored" the "stop" that the police gave him. However, he was able to be intercepted by a fourth patrol.
He "repeatedly" refused to identify himself, for which he was arrested and, "as he refused to enter, he had to be forced into the police vehicle, which he hit several times from inside." Back at the police station, "they were able to verify that it was the second time that this man had caused problems," according to one of the police officers who intervened.
Before the investigating judge who investigated him for a possible minor offense of injury, he declared that he regretted what had happened, "for not having known how to properly control the situation, without it being his intention that the institutional image be tarnished or disobeying the agents of the National Police Corps". In addition, he acknowledged that he had taken two or three "cubatas".
The judicial investigation ended up archived but a disciplinary file was opened that led to a sanction of five days without pay for a "serious offense" due to "the observance of conduct seriously contrary to the dignity of the Civil Guard", a decision that was confirmed by the Central Military Court and appealed to the Supreme Court.
The Fifth Chamber analyzes the statements of the civil guard, his partner and the police officers involved to endorse the conclusions of the Central Military Court, according to which the version offered by the uniformed man "does not fit" because, if he had behaved in a "placid manner ", as he alleges, the situation "would not have culminated with the intervention of no less than three police patrols and one arrest."
"And, above all, there is no reason for the national police to have conspired to harm him," says the Military Chamber, reasoning that "something had to happen for the arrest to be made, and it can only be the attitude defiant" of the civil guard.
The magistrates recall that the members of the Civil Guard "must show impeccable behavior at all times, not only in the act of duty, also in relation to third parties, being reprehensible any actions that, due to their importance, affect the bundle of values and virtues that characterize the Benemérita".
Thus, they consider "clearly" justified the sanction of the civil guard for showing "conduct, initial brawl and serious reluctance to subsequent police intervention, with notorious disrespect for the Armed Institute."