FC Andorra goalkeeper Jesus Owono could be sentenced to up to four years in prison if he is charged with involuntary homicide over the collision that preceded the death of Spanish striker Jesus de Miguel.
Police in the Canary Islands have opened an investigation into De Miguel’s death, while Spanish law requires a judicial inquiry whenever a death is considered unnatural.
However, Jose Luis Sanchez-Jauregui, the chief public prosecutor in Santa Cruz de Tenerife, said it would be “very difficult” for a criminal case to proceed because the incident happened during a football match.
A formal complaint against Owono remains possible. If the Equatorial Guinean goalkeeper were charged with involuntary homicide and found guilty, the sentence could range from three months to four years in prison.
Spanish law also differentiates between levels of negligence when a death occurs. Article 142 of the Criminal Code states that causing death through gross negligence can lead to a prison sentence of between one and four years.
That provision would only apply if investigators found evidence of the elements required for a criminal offence. The fact that a challenge had fatal consequences would not, by itself, be enough to establish criminal liability.
There is reportedly no previous case of a footballer facing legal proceedings over a challenge made during a match. The circumstances therefore differ from an incident that takes place away from the pitch.
Owono could also be subject to sporting sanctions. Federation protocols allow for a 12-match suspension, and the disciplinary committee is expected to rule on the incident. A ban appears the most likely outcome unless the legal proceedings produce a significant development.
The match between Tenerife and FC Andorra was abandoned seven minutes into stoppage time after De Miguel collapsed following his collision with Owono.
Owono had left his penalty area to deal with a long ball and hit De Miguel in the chest with his knee. Medical staff immediately treated the 30-year-old striker on the pitch, spending more than five minutes attempting to revive him.
De Miguel was then taken to hospital, but died despite further efforts to save him.
