After almost a month of trial,
the Oral Criminal Court 1 of the city of Dolores confirmed the sentences of the eight rugby players
involved in the murder of the young Fernando Báez Sosa, which occurred in the city of Villa Gesell, at the exit of the bowling alley Le Brique, on January 16, 2020.
Judges María Claudia Castro, Christian Ariel Rabaia and Emiliano Javier Lázzari unanimously determined that five of the defendants be sentenced to life imprisonment, while three others receive lesser sentences for being participants.
Both the prosecution and the complaint
had asked the court to rule life imprisonment for the eight defendants
alike.
"The participation of all the defendants is proven," said Fernando Burlando, lawyer for Fernando's parents.
How were the sentences for each one?
-Maximum Thomsen (23), sentenced to life imprisonment.
Maximo Thomsen (Photo German Garcia Adrasti)
He was born on November 27, 1999. He was a student in the physical education faculty and wanted to be a high-performance kinesiologist.
He was forcibly removed from the "Le Brique" bowling alley in Villa Gesell and at
trial he was pointed out by witnesses as one of those who kicked Fernando in the head
, when he was already lying on the ground.
When testifying in court, he said that he
"never" had "intentions to kill someone"
but recognized as his own the shoe with the victim's blood that left its mark on the face of the murdered young man.
He apologized to Fernando's family, and in his last words before the sentence he said: "I never thought something like this could happen. I wish I could go back in time and reverse all this. I am very sorry."
-Ciro Pertossi (22), sentenced to life imprisonment.
Ciro Pertossi (Photo German Garcia Adrasti)
He was born
on May 8, 2000. Witnesses identified them as one of the first to hit the victim in front of the bowling alley.
The prosecutor's office and the lawyers for Fernando's family considered it proven that
he punched him "treacherously"
from the right, and then he continued hitting him when he was already on the floor.
Images contributed to the case and exhibited at the trial show him "licking his fingers" with blood when he was intercepted by police personnel.
He was the one who, almost an hour and a half after the attack, wrote in the WhatsApp group that he shared with the rest of the group:
"Guys, you don't tell anyone about this
. "
Fernando's blood was found in his pants.
When testifying at the trial, he confirmed that he was the one who appeared in one of the videos that captured the attack, but said that he did not kick the victim because he noticed that she was lying on the floor and restrained himself.
-Blas Cinalli (21), sentenced to 15 years in prison.
Blas Cinalli (Photo German Garcia Adrasti)
He was born
on April 18, 2001. He was the only defendant who was not specifically mentioned by any witness, but traces of DNA compatible with his genetic profile were found under one of the victim's fingernails.
For the prosecution,
"there is no doubt" that he was one of the direct aggressors.
According to captures shown in the trial, after the crime he exchanged messages with a friend, to whom he wrote: "We fought. We won against some cheetos, we broke them",
"I think we killed one",
"we gave one a murra with the 'perto', we recharged it with a stick, but badly. We came running home", "I just want to drink wine and smoke flowers".
When testifying, he said that "there was no plan" and that "at no time" did he hit the victim.
In his final words, he said: "I want to apologize to all the people affected by what happened. It is something that hurts a lot to this day.
-Enzo Comelli (22), sentenced to life imprisonment.
Enzo Comelli (Photo Germán Adrasti)
He was born on February 25, 2000. When he was arrested, he had a "bruise on his lower lip."
Witnesses recognized him as the other defendant who initially attacked Fernando, in his case from the left.
A friend of the victim declared that
this blow "left him on his knees."
According to the accusation, with this attack "almost in unison" Comelli and Ciro Pertossi managed to "catch him off guard."
Before the allegations began, the Buenos Aires Penitentiary Service (SPB) seized his cell phone and that of Blas Cinalli, for alleged interactions with accounts that supported them on Instagram.
He was one of three who did not testify at trial.
In his last words before the court, he asked for "pardon" from Fernando's family and also his own, and "all the people affected by this aberrational event."
-Luciano Pertossi (21), sentenced to life imprisonment.
Luciano Pertossi (Photo German Garcia Adrasti)
He was born
on January 29, 2001, he is the youngest of the group.
He is Cyrus's brother.
He was recognized by witnesses as one of Fernando's attackers.
A young woman testified in the case that she was the one who said "don't worry, I'm going to take it as a trophy" while she hit the victim in the face.
Traces of Fernando's blood were found on his clothes.
According to the prosecution, in the footage shown at the trial it is seen that he participates in the beating.
He was the first to break the silence at the trial, only to deny that he was the one who appeared in those images.
In his last words, he apologized to the victim's parents, and said that he "never" wanted to "participate in a fight in which a person dies."
"I apologize for everything bad. What you decide will be the right thing. I ask God that it be something good for everyone," he said before the judges.
-Lucas Pertossi (23), sentenced to 15 years in prison.
Lucas Pertossi (Photo German Garcia Adrasti)
He was born on February 25, 1999, he is the oldest in the group, and he is the cousin of Luciano and Ciro.
He is a safety and hygiene technician.
He filmed with his iPhone the moment they were expelled from the club and then the start of the attack, until he stopped recording the beating, according to the prosecution's understanding, to join the attack.
After the crime, he sent an audio to the rest of the defendants: "I'm here near where the kid is and they're all there yelling, the police are there,
they called the ambulance... it expired
."
When testifying at the trial at the last hearing, she said that she used to record different scenes with her cell phone, and for this reason they nicknamed him "Croniquita" and "Attempt to influence."
According to the prosecution, "apart from attacking Fernando, he is one of the people who also frees the area so that the attack can be carried out."
He also apologized to Fernando's family in his final words, he said he was "very sorry for everything that happened" and "very sad for everything that happened."
He further noted, "I never intended to kill anyone or participate in murder."
-Matías Benicelli (23), sentenced to life imprisonment.
Matías Benicelli (Photo German Garcia Adrasti)
He was born
on November 5, 1999. He worked in a body and paint shop.
He was the one who opened the door to the police at 10:30 a.m. on January 18, 2020, when the arrest of the group was ordered at the house he rented in Gesell.
One witness placed him as a "direct attacker" of Fernando, another placed him "also attacking a friend" and a remainder identified him as the one who yelled at the victim
"let's see if you hit him again, black shit."
He also did not declare during the oral debate, and only expressed himself at the time of the last words: "I want to apologize to Fernando's family. I never wanted this to happen. I never had the intention of killing anyone. I think about it every day. I hope I could go back in time."
-Ayrton Viollaz (23), sentenced to 15 years in prison.
Ayrton Viollaz (Photo German Garcia Adrasti)
He was born on May 9, 1999. He is an electromechanical technician.
He is the only one in the group who did not have a cell phone at the time of the trip to Gesell.
For the prosecution, he was the one who gave "the attack signal."
Lawyer Fernando Burlando, representative of the victim's parents, pointed in the same direction: "He proceeds to give the order that will start the attack:
'It's now, come on, it's now'"
.
Witnesses identified him as one of those who prevented Fernando from being helped.
Prosecutor Juan Manuel Dávila maintained that "there is no doubt" that he was another of the direct aggressors, which would be related to injuries he had on his knuckles when he was arrested.
He chose not to testify during the trial.
At the time of his last words, he asked "forgiveness to Fernando's family" and was "very sorry for everything."
look too
The verdict against the rugbiers for the crime of Fernando Báez Sosa, LIVE: life imprisonment for five of the rugbiers and 15 years for another three
"That the sentence marks a before and after": the wish of the parents of Fernando Báez Sosa before the ruling for the crime of their son
