Guillermo Villarreal
02/14/2020 - 17:44
- Clarín.com
- Society
With the preventive detention confirmed, the eight rugbiers detained in Dolores must wait behind bars at least until the oral trial, which they will now arrive with a harsher rating than the one in principle attributed to them by the prosecutor: in addition to premeditating, to understand of the investigators, Fernando Báez Sosa's crime was committed with joy.
It is the salient point of the decision of the judge of Guarantees 6 of Villa Gesell, David Mancinelli, by which they could be cited to a new investigative statement. At the same time, it is a strong support for the work carried out by prosecutor Verónica Zamboni, since she did not grant any of the annulments that defender Hugo Tomei had raised.
These are the main keys to the Mancinelli ruling.
The annulment orders
"In the case of analysis, we are facing nullity cases for the nullity itself," said the judge to respond to the three requests that the defender had requested.
The first is for a reconnaissance wheel . In his testimonial statement, a friend of Fernando had indicated that he was not in a position to recognize any person, and later, when the procedure was carried out at the Secretary of Security (through a peephole the witnesses identified those who saw that night participate of the attack), the same witness pointed to Ayrton Viollaz among the attackers.
The judge understood that no constitutional guarantee was violated. "Because of the nervousness of the moment, not believing to be in a position to recognize anyone and then in the diligence directing imputation on the person who described in his statement, does not dismiss the diligence or detract from conviction, " he explained.
Cameras waiting during the declaration of the rugbiers in the prosecutor's office of Villa Gesell. Photo: Mario Quinteros
Nor did it give rise to the annulments for a testimonial statement requested because the act lacks the signature of the prosecutor, "because it complied with all the legal requirements," nor to the complaint of Tomei, who said that the right to defense in trial of his assistants because "they did not receive a clear, precise and circumstantial communication of the imputed fact, which placed them in a state of defenselessness" to the rugbiers.
Who was helpless
Mancinelli responds that the accused took immediate knowledge of the reasons for their arrest, and were then assisted by the official defender María Olindi Huespi.
In the resolution, it is the judge now who speaks of "helplessness"; It does so when it aggravates the criminal qualification. "I am sure that those accused here, taking advantage of the victim's inadvertentness, who was on his back to the attackers talking with his group of friends , gave the first blow from behind, managing to destabilize him, an opportunity in which he fell to the ground in a total state of helplessness ".
From his reading of the facts, Mancinelli understands that the qualification then constitutes the crime of "homicide aggravated by fraud and by the premeditated contest of two or more persons".
Kill for pleasure or racial hatred
He ruled out the aggravating "kill for pleasure" that Fernando's parents' lawyers had requested: "I do not observe the subjective element required by the figure, that is, the purpose of satisfying the desire to feel pleasure, well, beyond the way to externalize their behaviors before the attack or the expressions expressed by them and heard by the witnesses at the time of the aggression - "to see if you hit black again with shit" - "rest assured that I'm going to take it as a trophy" , among others - are not enough for the purpose of configuring the crime. "
The parents of Fernando Báez Sosa. His lawyers asked to add the aggravating factor of "killing for pleasure", but he was rejected by the judge. Photo: Martín Bonetto
In the same direction the judge pronounced on the aggravating one by racial hatred , although it had not been requested by the lawyers. "The figure requires for its configuration that racial hatred has been the main motivation of death," he said, so he did not apply it.
The attitude of the rugbiers
Finally, Mancinelli explains why the prosecutor's requirement is appropriate. "Complementing the penalty in expectation, the extreme violence displayed and the contempt for human life demonstrated from the conduct of the accused" can be treated as a peculiarly disvaluable fact, "and points out the procedural risks" that justify preventive imprisonment. "
Among them, says the judge, "repair yourself in the attitude assumed at the time of the fiscal break-in and harm a person (Pablo Ventura, the Zárate rower) totally oblivious to the event with the purpose - esteem - of improving their procedural situation" and made a negative assessment of what later emerged on the phones of the rugbiers, where in the group chat they mentioned that the victim "expired" and they warn: "Guys do not tell any of this to anyone."
Likewise, he granted defender Tomei that he will request reports to evaluate the request for a measure of death , so that the defendants await the oral trial under house arrest. Subtract for that and, given the very serious accusation, most likely that day will find them imprisoned.
ACE