Jesus Owono unlikely to face homicide charge over Tenerife player’s death

A homicide prosecution against Andorra goalkeeper Jesus Owono over the death of Tenerife player Jesus de Miguel Almeida would be difficult to pursue, according to Jose Luis Sanchez, the senior prosecutor in Santa Cruz.

Spanish newspaper Mundo Deportivo reported that Sanchez believed it would be extremely difficult to open a criminal case over De Miguel’s death. The matter must first be assessed through Spain’s sports disciplinary system.

Spain’s Supreme Court has ruled that injuries sustained in sport are not normally punishable under criminal law unless one player assaults another when play has stopped. Sanchez said authorities must first follow the referee’s report and then consider the decision of the sports disciplinary committee.

That committee will have to determine whether Owono’s challenge amounted to dangerous or extremely dangerous play, or whether it was intended to harm the opposing player.

If De Miguel’s family disagrees with the disciplinary decision, they could file a complaint against Owono, which would lead to a criminal investigation. However, Sanchez said such a case would rarely go beyond involuntary manslaughter caused by a lower level of negligence.

He compared the possible offence to a situation in which someone is pushed, suffers a broken neck and dies, despite there being no clear intention to kill. The final assessment will depend on Spain’s sports justice system and whether Owono was reckless, failed to take sufficient care, lost concentration or collided with De Miguel during the match.

A sporting sanction could be imposed if the incident is judged to have resulted from a lack of caution. De Miguel’s family would then retain the option of pursuing further legal action if they felt the punishment was inadequate.

What happened

Tenerife announced that De Miguel had died from injuries suffered after colliding with Owono, who plays for Andorra in Spain’s Segunda Division.

Marca reported that the homicide department had begun examining the circumstances of the player’s death before the case could be referred to the courts. The newspaper said Owono, who represents Equatorial Guinea, could face a sporting suspension of between four and 12 matches under regulations covering violent challenges that cause serious injury.

Marca also reported that he could face criminal proceedings for involuntary manslaughter through negligence. Under Spanish law, that offence is divided into two categories: gross negligence, punishable by between one and four years in prison, and lesser negligence, which can result in a fine and imprisonment of between three and 18 months.

The initial judicial investigation would establish exactly what happened. It would include an autopsy to determine the cause of death and whether it was directly connected to the incident during the match.

Investigators would also need to decide whether gross negligence was involved, meaning a failure to observe even the most basic standards of care. Professional mistakes do not necessarily indicate an intention to cause harm, but they can carry legal consequences depending on their seriousness.

Marca stressed that the existence of the relevant law did not mean Owono’s actions would automatically constitute a criminal offence, and that proving gross negligence in a sporting contest would be difficult.

Owono had made a forceful challenge in midfield as he attempted to stop De Miguel from going through on goal. De Miguel’s heart stopped at the stadium, and team doctors performed resuscitation for 15 minutes before he was taken to intensive care. Tenerife initially said his condition was stable but serious, before his neurological condition deteriorated and he died. Reports said Owono was distressed even before learning of De Miguel’s death.