Cabacas' death could be a negligent homicide, district attorney says

District attorney of the Basque Country Juan Calparsoro said on Wednesday that the death of the 28-year-old Athletic supporter Iñigo Cabacas caused by a shot in the head with a rubber bullet by riot police could be branded as negligent homicide, although the enquiry could also find out that the death was as a result of a 'unforeseen circumstances'.

Calparsoro also said that once the district attorney's office receives the autopsy report, it will launch an enquiry to identify the members of the police patrol involved in the riots that caused the death of Iñigo Cabacas, and summon them to give evidence.

Iñigo Cabacas, a 28-year-old supporter of Athletic Club Bilbao, was shot in the head with a rubber bullet by riot police after Athletic Club Bilbao's Thursday's Europa League against Schalke 04. He died at Bilbao's Basurto hospital after having been in a coma for three days.

The autopsy revealed that the injuries received by Iñigo Cabacas were compatible with rubber balls fired at close range from anti-riot guns, used by members of the Ertzaintza, the Basque police force. It did not reveal the distance from which the rubber ball was shot but came to the conclusion that it was shot at "close range".

According to Calparsoro, the conduct of the police might be considered a crime. Preliminary evidence would lead to consider the incident as a negligent homicide, as "it would not be likely that the policemen shot deliberately trying to cause any deaths".

Galparsoro added that "it could also happen that the enquiry found that that the death was as a result of a 'unforeseen circumstances'".