Watch: after the death of Tenerife's player, Andorra's goalkeeper faces up to four years in prison on a charge of involuntary manslaughter!
A horrifying shock
The death of Tenerife striker Jesús de Miguel has reopened the debate over the possible legal responsibility of Andorra goalkeeper Jesús Owono. The two collided violently during their sides' meeting in the Spanish second division, an incident that left the striker seriously injured before his club announced his death on Tuesday morning.
Tenerife confirmed the news in an official statement, expressing their deep sorrow and offering condolences to his family and all who loved him. The club also asked that the family's privacy be respected in these painful circumstances.
According to Spanish newspaper «Sport», the death sharpens the legal questions surrounding the incident. The matter could shift from examining responsibility for a sporting injury to the possibility of an involuntary manslaughter charge, should the investigation prove that the goalkeeper's challenge exceeded the limits of acceptable risk in football and constituted gross negligence that directly caused the striker's death.
Article 142 of the Spanish penal code stipulates that anyone who causes a person's death through gross negligence faces imprisonment of between one and four years. A death resulting from less serious negligence carries a fine of between three and 18 months.
De Miguel's death does not automatically convict the Andorra goalkeeper or establish his criminal responsibility. The competent authorities must first determine the nature of the challenge and its circumstances, and whether the goalkeeper breached the rules of play in a manner exceeding the usual errors and risks inherent in football.
Investigators must also prove a direct causal link between the collision and the death, drawing on medical reports, video evidence and technical assessments.
Several elements may settle the case. These include reviewing match recordings to determine the position of the ball at the moment of the challenge, the manner in which the goalkeeper lunged towards the striker, and whether he could have avoided the collision. Experts may also be called on to assess the severity of the foul and its connection to the outcome.
The red card Owono received does not represent a criminal conviction, and the sporting sanction does not prevent the opening of a separate judicial process if there are grounds that warrant an investigation. Equally, the severity of the challenge or the tragic outcome alone are not enough to prove a crime was committed.
Medical reports and the investigation into the circumstances of the death are expected to play a decisive role. They will determine whether the incident falls within the usual sporting risks, or whether it crossed into conduct involving criminal negligence that warrants accountability before the Spanish judiciary.
