New evidence gives family hope after death in Spain

**New evidence raises hopes for family after death in Spain**

Tobias White-Sansom died in a Spanish hospital in July 2022

Four years after seeing his brother die in his arms, Maximilian White says fresh evidence may finally bring him answers.

Tobias White-Sansom, a father of two from Nottingham, died in a Spanish hospital in July 2022, five days after a night out in Magaluf, and his family believes the way security staff and police officers dealt with him that night contributed to his death.

A blood spatter report and a court order the family received this month have renewed their hope that criminal proceedings could begin in the Spanish courts.

White told the BBC: "I won't stop until we get justice for Toby."

The 46-year-old medical cannabis entrepreneur said it was hard to speak about how he lost his younger brother, who was on a family holiday at the time.

White-Sansom was restrained at a nightclub after an argument over him taking off his T-shirt because he was too hot, his family said.

They told the BBC that the Spanish Civil Guard - the Guardia Civil - was called, and that he was handcuffed, Tasered and given tranquilisers before going into cardiac arrest.

Tobias White-Sansom's brother said they were both born and raised in Nottingham

The family believes the blood spatter evidence - which is part of an ongoing investigation in which a court judge will decide whether a criminal case is justified - could indicate that external force was used.

The report, which examined White-Sansom's T-shirt, trainers and a sock, said several separate bloodstains were identified. These were said to be compatible both with spatter stains caused by the use of external force and with drip stains formed by gravity.

An ambulance report seen by the BBC says White-Sansom had taken drugs and was agitated. It added that he was given several medications, including fentanyl.

The Guardia Civil has not offered any further details about the death.

At the time, it issued a statement saying: "Upon the arrival of the Guardia Civil police, this man was violent and police reduced him to be assisted by medical services.

"He was taken to the hospital for treatment. There, once while he was being assisted, he was arrested for a crime of injury."

White-Sansom was placed in an induced coma

Days later, White and the rest of the family were faced with an agonising choice.

"The only thing keeping him alive was the life support machine," he recalled.

"And we discussed between our family members and we decided it was inhumane and we should let Toby die naturally.

"So then, my decision was to turn the machine off myself, and then my brother died in my arms.

"The doctors said he would slip away within five to six minutes, and Toby being the strong-willed person that he was, it took 11 minutes."

White (left) says his brother should be here, caring for his family

In the four years since, White said he has been trying to reach a resolution.

"The whole brutality of the situation caused my brother to pass," he said. "Someone needs to be accountable.

"It's accountability. And also, for his children to know that he was a good person, not a drunk tourist in Magaluf."

White said that on the night in question, his teenage son wanted to go out but he did not want him to go alone, so White-Sansom went with him and his girlfriend.

"What never sat well with me was that my brother was not with a group of lads on a stag do," he said.

"It just didn't make sense. That's why I went so heavy in return, because I knew that's not how my brother lived and what he was about."

A vigil in White-Sansom's memory drew crowds in Nottingham city centre in 2022

White spoke to the BBC days after receiving the evidence and a court order.

"The process is extremely gruesome because even when you're getting good news, it's bittersweet - my brother is still not here," he said.

"It's just the truth - fighting an uphill battle just to get the truth. At this point, it's a sweet picture but also bitter because Toby is not around."

An inquest into White-Sansom's death was also opened in the UK in 2022, and was paused while investigations in Spain continued.

White believes the new evidence could have a major effect on the process, but if that does not happen, he says he will take the case to the UK.

"The truth is out there, the evidence is there, we just need help putting it in front of the right people to get this justice for Toby that's needed," he said.

"When you lose a sibling, it's like losing your complete history of who you were and what you stood for," White says

The family's lawyer in Spain told the BBC he had never seen a case like this before.

"I've never seen a case... with a whole package of circumstances and such a delay," said Jaime Campaner. "I've never seen it and I hope I never see it again."

He said he had been filing motion after motion to speed up the process, and said the Spanish Civil Guard - the Guardia Civil - was responsible for the delay.

The Guardia Civil told the BBC the case was before the court and it had no further comment.

"The Spanish investigation has been very slow," Campaner added. "And this is not common in a city like Palma, where investigations don't take so long."

He said the investigating judge in Spain would now review the new evidence and decide whether to move ahead with a criminal case or close it.

"We believe this could be key evidence. We are not aware of the conclusions yet but it might end in results [for] this case," he said.

They have still not been given a date for a court hearing, but Campaner estimates the investigative stage will finish by the end of the year, with a possible court case beginning next year.

"We all want to get this case closed and see some justice," said White.

"We're hoping that at some point in this chapter, we can close the door on this - and we can close the door on this pain."