Jaime Roca Sentenced to 27 Years for Machista Murder of Maialen Mazón

A Vitoria-Gasteiz judge imposes the maximum penalty for murder, two abortions, and child abandonment, discarding aggravating factors.

Generic image about justice and tragedy, with scales of justice slightly tilted, blurred red and blue lights in the background.
IA

Generic image about justice and tragedy, with scales of justice slightly tilted, blurred red and blue lights in the background.

A judge from the Provincial Court of Álava has sentenced Jaime Roca to 27 years in prison for the machista murder of his partner, Maialen Mazón, committed in Vitoria-Gasteiz on May 27, 2023.

The sentence aligns with the guilty verdict issued by the popular jury on May 14. The penalty falls short of the 45 years requested by the prosecution, the private accusers (victim's family and the Children's Council of Álava), and the popular accuser (Clara Campoamor Association). The ruling is not final and can be appealed before the High Court of Justice of the Basque Country.
The sentence is divided into two parts: 25 years in prison for the murder and the two abortion offenses related to the deaths of the twins Maialen Mazón was expecting. This is compounded by the kinship aggravating factor, which increases the penalty due to their relationship. Additionally, 2 years are imposed for child abandonment, after leaving the couple's two-and-a-half-year-old daughter alone with her mother's body for approximately 18 hours.
The judge explains that the murder and abortions constitute an "ideal concurrence of offenses," where a single action results in three crimes. In such cases, the law mandates applying the penalty for the most serious crime, within its upper half. With the kinship aggravating factor, the penalty range is between 22 years and six months and 25 years. The judge opted for the maximum sentence, citing the severity of the act and the harm caused.
The prosecution argued that Jaime Roca had increased Maialen Mazón's suffering by murdering her in front of their daughter, but the jury and the judge did not find this proven. The sentence notes the absence of blood traces in the bedroom where the child was found and a lack of certainty regarding stains on the minor's clothing. Therefore, the "ensañamiento" (cruelty) aggravating factor was dismissed.
The exclusion of the gender-based aggravating factor stems from reasonable doubt regarding the crime's motives. Although the prosecution claimed Roca acted out of a sense of violated control due to the victim's decision to end the relationship, the couple continued to live together despite a restraining order and maintained constant communication. The judge considers it cannot be inferred that the motive was related to a need for control and dominance.
The sentence fully proves "alevosía" (treachery), which elevates homicide to murder by preventing any defense for the victim. The judge identifies two modalities: a "surprise" treachery, as the victim did not expect the attack, and a "helplessness" treachery, due to her physical state preventing defense. Jaime Roca attacked Maialen Mazón with a knife while she was seated in an armchair, in a state of drowsiness and confusion from alcohol and anxiolytics.
The forensic examiner placed the time of death between 7:08 PM and 7:54 PM on May 27, 2023. The fatal stab wound entered below the right breast, fracturing a rib, perforating the right lung, and affecting the pericardium, diaphragm, and liver. The victim bled to death shortly after. Twelve other superficial wounds were inflicted on her arms, scapula, and face, consistent with self-protection gestures. The murder weapon was never recovered. Apartahotel recordings show Jaime Roca leaving the room with visible bloodstains and returning with a bag concealing the knife.
The sentence refutes the defense's main argument of a temporary mental disorder. The judge found insufficient evidence. Recordings show the accused performing complex actions post-crime (climbing stairs, entering codes, hiding bloodstains, disposing of the knife), indicating "no mental collapse whatsoever," as he was aware of his actions.
Jaime Roca will be deprived of parental authority over his daughter. Furthermore, he is prohibited from residing in Vitoria-Gasteiz for 35 years after completing his prison sentence. He must also maintain a distance of 500 meters from the victim's father and daughter and refrain from any communication. Following his sentence, he will undergo 5 years of supervised liberty.
The sentence orders compensation of 400,000 euros for the victim's daughter and 200,000 euros for Maialen Mazón's father for moral damages, totaling 600,000 euros. The convicted individual must also cover the legal costs of the proceedings.
This ruling comes three years after a crime that reignites the debate on failures in protection protocols for victims of gender-based violence. Jaime Roca was violating a previous restraining order, and a gender violence file was open. The case, initially classified as "extreme risk" in the VioGen system, had been downgraded to "low risk" by the Ertzaintza.