The Court of Instruction No. 2 in Orihuela has provisionally closed its investigation into the death of Sergio Penalva, 47, who died three days after being detained by Local Police in Benejúzar.
It has ruled out asphyxiation the man’s death, but the family’s complaint against police is still moved forward
The court, which initially received the case while on duty, reviewed an interim autopsy report that ruled out death by asphyxiation, and examined findings from the Civil Guard’s Judicial Police in Almoradí. However, the ruling does not affect a separate legal complaint filed by Penalva’s family, which is being investigated by another court.
See also: Civil Guard Probes Death of Man in Custody of Benejúzar Police Officers
The family alleges that two Local Police officers used excessive force during the arrest, including a knee-to-neck restraint, witnessed by Penalva’s teenage son. He reportedly suffered a violent episode on July 13, sought help from the police station, and later collapsed after being restrained. He was admitted to Vega Baja Hospital in a coma and died three days later.
While the autopsy notes a “violent death,” further toxicology results from Barcelona are still pending. The family expressed shock at the provisional dismissal, stating they had not been formally notified and stressing that responsibility must be clarified.
