The legal charges against Antonio and Maribel Espaillat have been escalated from involuntary homicide to voluntary homicide by dolo eventual, exposing them to prison sentences of three to 20 years. This ruling, issued by Judge Franny González Castillo of the Fourth Penal Chamber in the Dominican Republic, fundamentally alters the trajectory of the trial concerning the April 8, 2025, collapse of the Jet Set nightclub, which killed 236 people. The judge determined that the owners had documented knowledge of the structural dangers but chose to keep the venue open, thereby accepting the risk of fatal consequences .
Because the new potential penalty exceeds the 10-year jurisdictional limit of the current court, Judge González declared herself materially incompetent. Consequently, the case file has been transferred to the Presidency of the Penal Chamber for a random draw to assign a new collegiate tribunal of three judges. This procedural shift mandates that the trial restart from zero, requiring the new judges to hear all evidence and testimonies anew under the principle of immediacy .
While victims' representatives hailed the decision as a historic victory and a validation of their "almost perfect" accusation, legal experts have raised significant concerns. Penal lawyer Cándido Simón argued that the variation may violate the principle of legality, suggesting the judge could be applying unfavorable retroactive interpretations or succumbing to public pressure rather than strict legal doctrine . He questioned whether the specific elements of dolo eventual were fully substantiated by the facts at this stage.
The Ministry Public Prosecutor welcomed the recognition of their investigation's quality, stating they are prepared to present abundant evidence in the new forum .