One defendant found guilty of manslaughter in fatal hit-and-run in Benalmádena

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The court concluded that he did not conspire with the passenger, who was found innocent, to knock over the motorcycle carrying the victim

Irene Quirante

Monday, 15 December 2025, 19:54

Mustapha was 22 years old on 25 February 2017 when he was fatally run over in Benalmádena. That night, which was supposed to be about having fun, he had a couple of brawls with two strangers, who were tried for his murder. Mustapha's friend, who was also on the motorcycle, sustained serious injuries.

After the High Court of Justice of Andalucía (TSJA) ordered a retrial, held for the first time in March last year, the verdict has now been released: the driver has been found guilty of one count of manslaughter and one count of attempted manslaughter, while the passenger has been acquitted. The court considers that they had not conspired to knock over the motorcycle.

According to the jury's findings, the victims met the defendants in a bar on Plaza Solymar. They did not know each other, but an argument broke out between the young man who later died and the defendant who was found not guilty.

This first brawl provoked the mobilisation of the National Police and the defendants decided to go for their car to return to Fuengirola, where they lived. On the way to the car they were chased by the victims, who appeared on a motorcycle.

The defendants got into the car and went to a junction with Avenida de Antonio Machado, where the other two young men were.

Unilateral decision

According to the jury, the driver "unilaterally and unexpectedly decided to drive in the opposite direction on the aforementioned avenue" and ran over the motorcycle. According to the verdict, he did so "with the intention of colliding", "aware and accepting" that such a manoeuvre would lead to an accident.

According to the verdict, the defendant could foresee "the serious harmful consequences" that this action would have for the injured parties. The car ran over the motorcycle and then reversed with the bike lodged underneath for several metres, reaching a pedestrian crossing. The occupants then fled the scene at high speed.

"As a result of such a brutal hit-and-run, with disregard for life," Mustapha died instantly from hypovolemic shock. The car had run over him, causing very serious injuries, of which the severe head trauma and liver rupture were fatal. His friend survived, although he suffered severe injuries that required 423 days to heal, although he has been left with several sequelae.

From murder to manslaughter

The provincial court of Malaga will now have to hand down its judgment and set the sentence for the convicted defendant. It was the presiding judge who gave the jury the option of classifying the events as manslaughter, according to sources, as both the public prosecutor and the private prosecutors representing the victim's family had argued that what occurred amounted to murder.

The public prosecution has requested a sentence of 19 years' imprisonment for the crime of murder and for an attempted murder. This request has been raised by the private prosecution, which is demanding a sentence of 22 years. The resolution is pending.

First trial

The case was first tried in early 2024 by another jury, which found both defendants guilty of murder. However, after considering appeals by the defence, the TSJA annulled the verdict due to the "inconsistencies" detected in the record of the verdict.

They had been sentenced to 21 and 23 years in prison. However, the jury had held that the two defendants had not agreed to seek out the victims in retaliation for having been assaulted earlier, considering this point to be unfavourable. Despite this, the verdict also stated as proven that they had reached such an agreement with a desire for revenge.

According to the TSJA, this resulted in a denial of due process and an infringement of the defendants' fundamental rights. As a result, it overturned both the jury's findings and the judgment and ordered a retrial, which has now produced a different outcome.