The crime of
Fernando Báez Sosa (18)
occurred on January 18, 2020, at the exit of the Le Brique bowling alley, in Villa Gesell.
Eight young people are being held in the case, several of them members of a Zárate rugby team, accused of killing the teenager during a beating.
They are Máximo Thomsen, 23;
Luciano Pertossi, 21;
Ciro Pertossi, 22;
Lucas Pertossi, 23;
Ayrton Viollaz, 23;
Enzo Comelli, 22;
Matías Benicelli, 23, and Blas Cinalli, 21.
They are accused of "
doubly aggravated homicide due to treachery and the premeditated cooperation of two or more people
", a crime that has a life sentence.
With the allegations of the prosecutors and the complaint, this Wednesday the process was restarted in the Oral Criminal Court No. 1 (TOC) of Dolores, made up of judges María Claudia Castro, Christian Rabaia and Emiliano Lazzari.
Those accused of the crime, at the hearing on Monday, January 9 in the Courts of Dolores.
Photo Maxi Failla.
Allegation of the prosecutor Gustavo García
Gustavo García, one of the trial prosecutors, began by recounting the events inside and outside the Le Brique de Villa Gesell nightclub.
He said that the rugbiers
"waited 7 minutes a few meters from Fernando, agreeing to kill him, waiting for the right moment to do it."
The prosecutor remarked that what happened "fits the figure of doubly aggravated homicide for having been committed with treachery and with the premeditated cooperation of two or more people in ideal competition with repeated minor injuries."
There was no public or students as in the last hearings for the presentation of evidence.
This time, almost all the relatives of the accused were in the room.
Also more presence of journalists.
The Prosecutor's Office showed images and videos of the defendants' locations, inside and outside the club.
He illustrates his argument with images captured from videos, from the moment Máximo Thomsen is removed from the bowling alley, when he signals Fernando to slit his throat and exit through the kitchen.
In the center, prosecutors Gustavo García and Juan Manuel Dávila.
Behind, to the right, Graciela, Fernando's mother.
Hugo Tomei -lawyer for the rugbiers- complained that the videos that the prosecutor Gustavo García was showing.
"I am seeing a video edition that is more like a test than an exposition of the argument where we have to talk about the test. For me, this editing of videos that have already been shown is a new test. There is a technical aspect that It is more probative than the allegation itself," he questioned.
After Tomei's intervention, the president of the Court María Claudia Castro affirmed that the Prosecutor's Office can continue with the exhibition of the images.
"The graphic film support, of the allegations, is a methodology approved by the Court, we have even discussed it before the trial. On the other hand, what you say is a montage, we are watching videos that we have all seen during the debate" , I consider.
After showing the videos of Fernando's attack on the street, prosecutor García said that "treachery aggravates the victim's lower possibility of defense, it is a similar basis for premeditation, whose possibility of defending the victim is diminished by the plurality of agents.
In this sense, he remarked:
"There was a strategy or planning of how to start the attack"
, which he said was at 4:44 in the morning of January 18, 2020. "Luciano Pertossi was one of those who freed the area to attack to Fernando," Garcia added.
The eight defendants for the crime of Báez Sosa, in the courtroom this Wednesday in the Courts of Dolores.
"If something was missing to say that this was orchestrated, organized... it is that they have decided to film the start of the aggression. It's like putting the icing on the cake. If something else was needed to sustain that they agreed to commit the act and the way they did it premeditatedly is to film the beginning of the attack", exclaimed Gustavo García, one of the trial prosecutors.
García placed a lot of emphasis on premeditation and treachery, highlighted Thomsen's leading role ("at least that day he was the leader") and for several minutes he maintained that "at the beginning of the beating there are Comelli, Cinalli, Viollaz and Lucas Pertossi".
Here he posed on the performances of three of the rugbiers who did not testify during the previous hearings: Benicelli, Viollaz and Comelli.
"There are five who end up glued to Fernando at the moment Lucas Pertossi's filming ends. Ciro Pertossi, Enzo Comelli, Viollaz and Benicelli were glued to Fernando. What could they have done. Did they keep watching? No, they all brutally beat them to Fernando," Garcia said.
"There was no fight or fight, there was only one group that hit Fernando and the friends tied it up on the rebound.
They all contributed to kill Fernando," said prosecutor García, in opposition to what, it is believed, he will try to argue to the defense of the defendants in the plea this Thursday.
After two hours of presentation, García finished his participation in the plea, where he placed special emphasis on the premeditation of the attack.
And he left the end of the speech to his colleague Juan Manuel Dávila.
The eight rugbiers accused of the crime of Fernando Báez Sosa
Throughout the first part of the allegations, the defendants were attentive to every word of the prosecutor García and the videos that he was showing during the first two hours of the hearing.
The relatives of the defendants were seated behind them, occupying three desks.
They were fifteen.
But only three or four only followed what was being shown on the screen.
They did not speak to each other, they remained with their heads bowed or cupping their faces.
Allegation of the prosecutor Juan Manuel Dávila
"His participation alleged that the rest of the other people in his capacity as co-perpetrator. He had the possibility of starting, continuing and stopping the causal course of the crime," prosecutor Dávila alleged, in
direct reference to Ayrton Viollaz, whom he places as co-author of the murder of Báez Sosa.
Dávila anticipated that his story would be based on the co-authorship of all.
"Ciro Pertossi not only attacked Fernando, but also all the people who were trying to help him. After the attack, he fled like the rest. And he is seen wiping the knuckles of his right hand and using his mouth their hands," the prosecutor described.
"The plan to kill Fernando was already there. Ciro Pertossi took off his clothes and gave them to a partner (Guarino).
Ciro Pertossi's authorship is thus accredited
," said the prosecutor.
"Benicelli hit him and as if that were not enough, his clothing -shoes, pants and shirt- had Fernando's genetic material, precisely blood. In all three, there are no doubts of his co-authorship," said prosecutor Dávila.
"DNA was also found in Luciano Pertossi's pants. He hit everyone who crossed so that the area was released. It is objectively warned in the videos. All the friends outside, a single circle in which Luciano was seen , Ciro, Comelli and Benicelli on Fernando", he pointed out.
The defendants: Ayrton Viollaz, Ciro Pertossi, Máximo Thompsen and Matías Benicelli.
Back: Enzo Comelli, Blas Cinalli and Lucas Pertossi.
Blas Cinalli also participated as a co-author, the prosecutor said.
He said that in his statement during the hearings "he tried to put himself in a better procedural situation, which did not happen and was distorted by what the witnesses said."
In addition, he mentioned that Fernando's DNA was found on a little finger.
"Comelli hit Fernando from behind," the prosecutor remarked and also pointed him out as a co-perpetrator.
And he pointed out that he also hit a friend of Fernando's.
The prosecutor pointed out that Lucas Pertossi filmed the start of the attack and stood next to him.
"He was between 8 and 10 seconds. He is in the place where Fernando is being hit. Lucas Pertossi, apart from attacking Fernando, frees the area," he said, identifying him as a co-author.
Dávila finally pointed to Máximo Thomsen. "He acted with anger, aggressiveness and gave Fernando a clear sign of threat."
The prosecutor also pointed him out as a co-perpetrator.
"Once Fernando is knocked down with punches by Pertossi and Comelli falls to the ground and Viollaz, Cinalli and Lucas Pertossi, who is the one filming, are seen around Fernando. In those seconds Thomsen appears and hits Fernando behind the car In addition to the film evidence, we have many witnesses, who detail that he was the one who hit him the most on the floor and kicked him in the face with anger," the prosecutor remarked.
He then pointed to the marks from Thomsen's shoe on the victim's face.
Finally, and after more than four hours of argument, the Prosecutor's Office
requested life imprisonment for all the defendants for finding them co-authors of doubly aggravated homicide by premeditation and treachery.
In addition, the Prosecutor's Office accused Juan Pedro Guarino (22), at the time accused and later dismissed, and Tomás Ítalo Colazo (20) of false testimony.
the trial
The Public Ministry is represented by the prosecutor Juan Manuel Dávila and Gustavo García.
The complaint, by Fernando Burlando and his team, Fabián Améndola, Facundo Améndola and Germán Facio.
While the defense of the rugbiers is led by Hugo Tomei.
The presentation of the defense arguments is scheduled for this Thursday.
And then the date of the verdict will be known, in principle scheduled for the 31st.
The oral debate lasted through 13 days of presenting evidence and the testimony of 87 people, including relatives of the victim and the defendants, friends of Fernando, witnesses to the attack, police officers, doctors, firefighters, and health professionals.
Fernando Báez Sosa assassinated in Villa Gesell at the exit of the Le Brique bowling alley
Dolores. Special delivery
EMJ-GL
look too
Fernando Báez Sosa case: "This is a montage", the first cross between the rugby players' lawyer and the prosecutors during the plea
