Jesus Owono could face a lengthy suspension and possible criminal proceedings after his collision with Jesus de Miguel during Tenerife’s match against Andorra ended with the Spanish forward’s death.
The incident happened at the Estadio Heliodoro Rodriguez Lopez on Monday, 2 November, during the 12th round of Liga 2. With the score 2-2 and the match in the final moments of added time, Jesus de Miguel ran through on goal after receiving a pass in behind the defence.
Owono left his penalty area and raced towards the ball in an attempt to stop the attack, but collided heavily with the Tenerife striker in midfield. The Andorra goalkeeper was shown a straight red card and the match was suspended before being cancelled several hours later.
De Miguel suffered a cardiorespiratory arrest and was resuscitated in the ambulance before being taken to Nuestra Senora de Candelaria Hospital. His neurological condition deteriorated during the night of Tuesday, 3 November, and the 30-year-old died at about 09:00 Paris time.
Tributes and messages of support have been sent to his family by clubs, players and figures from across football. According to Marca, Owono, who plays for the Equatorial Guinea national team, is “deeply affected”. He had initially intended to contact De Miguel’s relatives to offer his condolences, but the death has made an already difficult situation more delicate.
The goalkeeper has also faced a torrent of abuse on social media, including being called a “murderer”. Comments were subsequently disabled on his profile.
The homicide unit of the National Police in Santa Cruz de Tenerife is investigating the circumstances of the death, while an autopsy has been carried out by the forensic medicine institute.
What could happen to Owono?
Brazilian publication Trivela spoke to Renan Gandolfi, a criminal law professor, about the potential consequences. Gandolfi said an investigation is standard procedure after a violent death and does not, by itself, mean that an offence has been alleged.
Owono could theoretically face criminal proceedings, but only a judge can decide whether the evidence indicates an offence. Investigators will examine the medical examiner’s findings, expert reports, video footage, clinical records and testimony from the referee, players and doctors.
The autopsy will be important in establishing the medical link between the collision and De Miguel’s cardiorespiratory arrest.
“Football is a contact sport and athletes accept risks inherent in competition, but that does not justify every type of behaviour or remove responsibility when the permitted risk is exceeded,” Gandolfi said.
He added that the distinction between “intention and negligence” was crucial, saying: “There is no evidence that Jesus Owono intended to cause harm.”
Referee Manuel Hernandez described the challenge in his Tenerife-Andorra report as “the use of excessive force while the ball was being contested”, which led to the dismissal.
Owono may be questioned by authorities with a lawyer present. An investigating judge will decide whether there is a criminal case; if there is no evidence of an offence, the investigation must be closed.
The Royal Spanish Football Federation will also open disciplinary proceedings for dangerous play or violent conduct. Article 102 allows a suspension of between one and 12 matches, with the disciplinary body deciding the final punishment. Owono is likely to receive the maximum ban.
If prosecutors pursue a charge of negligent homicide, Article 142 of the Spanish Criminal Code distinguishes between serious and less serious negligence. Less serious negligence carries a fine of three to 18 months, while serious negligence can result in a prison sentence of one to four years. Owono could appeal after any verdict.
Gandolfi said such cases “generally take months, or even years”, while the fact that the medical cause of De Miguel’s death has not yet been established would “weigh on the attribution of responsibility”. Owono is expected to be protected by his club during the investigation to prevent reprisals when he returns after serving his sporting suspension.