On February 6, 1979, at 21:15 hours two hooded members of ETA touched the doorbell of Jose Antonio's house.
Following this attack, the Justice condemned the members of ETA Mercedes Galdós Arsuaga[8] and Félix Ramón Gil Ostoaga.
The gunman who participated with Mercedes in the attack shot the victim at the same time, Félix Ramón Gil Ostoaga.
In the verdict 66/94, both defendants were sentenced to the solidarity payment as compensation to the heirs of José Antonio Vivó.
It is imputed the participation of José María Zaldúa Corta[11] in the assassination of Jose Antonio even though he was never condemned in Spain for his crime.