Antonio and Maribel Espaillat could face prison sentences of between three and 20 years, following the decision that accepted the arguments of the victims' families and the Public Prosecutor's Office
SANTO DOMINGO.- Judge Franny González, of the Fourth Criminal Chamber of the National District, changed the legal classification of the Jet Set case to homicide by eventual intent this Friday, after accepting the arguments presented by the relatives of the victims and the Public Ministry.
With this decision, the owners of the establishment, Antonio and Maribel Espaillat, could face sentences of between three and 20 years in prison, in contrast to the maximum penalty of two years contemplated for the initial classification of involuntary manslaughter, as stated in the file.
The judge indicated that the elements debated during the proceedings justify the modification of the criminal charge. He also took into consideration the technical reports, testimonies, and expert opinions related to the structural conditions of the nightclub and the alleged overloading of the roof.
Why did the legal classification change?
During the hearing, arguments were presented regarding the installation of several air conditioning units and water tanks that would have increased the weight supported by the structure of the establishment.
According to the arguments examined by the judge, the owners allegedly acted with indifference to the risks associated with those conditions. In that regard, González assessed the evidence presented by the parties to support the application of the charge of dolus eventualis (reckless disregard for the law).
The judge also considered the arguments of the Spanish jurist Francisco Muñoz Conde, as well as various national and foreign case law related to this legal figure.
What does homicide by eventual intent entail?
The dolus eventualis involves analyzing whether a person could have foreseen the possibility of causing a fatal result and, even so, continued with their conduct accepting that risk.
In this regard, the new criminal classification implies that the circumstances in which the events occurred and the evidence that allows establishing whether there is criminal responsibility of the accused must be examined.
However, the change in the legal classification does not constitute a conviction. The responsibility of Antonio and Maribel Espaillat will have to be determined during the corresponding legal proceedings, through the evaluation of the evidence and arguments presented by the parties.
The case will be passed to a Collegiate Court
After modifying the legal classification, Judge González declined the case before the Presidency of the Criminal Chamber of the National District, because the penalty foreseen for the new criminal figure exceeds the limits of competence of the chamber that was hearing the case.
The magistrate ordered that the process be sent for assignment by lottery to a Collegiate Court, an instance that must know the file under the new classification.
In this way, the case will continue before other judges, who will be in charge of examining the evidence and determining the corresponding criminal responsibilities, in accordance with current legislation.
A tragedy that left 236 dead
The collapse of the roof of the Jet Set nightclub occurred on April 8, 2025, and left 236 people dead and more than a hundred injured.
The incident led to a legal process aimed at clarifying the circumstances that caused the collapse and establishing the possible criminal responsibilities of the owners of the establishment.
With the decision adopted this Friday, the case enters a new judicial stage, characterized by the change in the criminal classification and its referral to a Collegiate Court.
Recommended readings:
- Jet Set Case: Public Prosecutor accuses Espaillat brothers of negligence and victims claim up to RD$100 million
- Leonardo Reyes Madera reveals in court that the Jet Set's roof load exceeded five times the amount projected in the original design
- The article that toughens the liability of property owners remains unchanged in the new Penal Code
