There is a crack with several faces in the crime of Fernando Báez Sosa in Villa Gesell that, however,
is not new
in the saga of Argentine police officers.
In 1912, Buenos Aires society was divided as to whether
Petiso Orejudo
should be sentenced as an adult and sent to the Ushuaia jail -as it finally happened-, or if he should be admitted to a psychiatric hospital.
The boy - who had
27 scars on his head
from beatings by his alcoholic father - committed
four murders
at the age of 16.
The Titanic
had just sunk
, but the Argentines were discussing that boy with
“winged ears”
who was attacking Parque Patricios and
terrifying
Buenos Aires.
In the 70s it was Robledo Puch, a teenager with the face of an angel who killed 11 people and still holds the double record of being the greatest multiple murderer in Argentine history and the only one to remain in prison 50 years later, which is equivalent to
two life sentences .
together
.
He was imprisoned at the age of 20 and is now 71. Have you already paid for your guilt or should you continue in jail?
With María Soledad Morales came "the crime of power" - a night for young people and a disco that ends with the girl raped, drugged and murdered in Catamarca - and the gap between
"if it was the powerful, the girl didn't even appear"
and
"indeed they were them, but they were so unpunished that they didn't mind throwing the body away in full view of the whole world”.
The same with soldier Carrasco, beaten to death in a Zapala barracks.
Public debate: Should conscription continue?
And country crime?
Discussion at the Argentine tables.
That it was the husband (Carrascosa) with the complicity of "the family."
No, he was a thief.
Justice said that the husband was an
accessory
after the fact , then
a murderer
and then
innocent
.
And he went to look for the thief, a neighbor.
Verdict for him: also innocent.
All this, before
the same facts
.
Today María Marta García Belsunce was assassinated by five shots to the head that
no one fired
.
And who hanged Nora Dalmasso in her house in Río Cuarto, that early morning of storm and sex?
That the "parsley" (a mason) no.
That the husband does.
But it turned out that neither.
Both acquitted.
Another murder without a killer.
The crack by the dentist Barreda - he murdered his wife, his mother-in-law and his two daughters in his house in La Plata - was about
whether he knew what he was doing or was crazy:
after killing his entire family he went fishing and then to a hotel accommodation with a lover.
In the end, perpetual.
In all these cases the facts had to be reconstructed.
They were not filmed.
We did not see them as they happened.
Fernando's, on the other hand, is
the most documented crime in Argentine history.
Cameras, videos, WhatsApp messages, direct witnesses and forensic evidence: there is DNA from defendants in Fernando, Fernando's blood in defendants and even the sole of a shoe on the victim's face.
The sole is not marked when someone kicks another but
when he steps on it.
There are no doubts about
what
(Fernando was beaten to death), about
when
(each step of the attack is measured in seconds), about
why
(a trivial fight in a bowling alley) or about
who
(the perpetrators are in the dock).
The question - and this is debated by the Argentines in the crack of the case - is
what the attackers wanted to do.
Whether to kill him or to give him a beating that would be "a lesson" and a territorial mark.
A kind of
"Here are the males of Zárate and with us there is no tutía"
.
This had already been done before.
Public discussions agree that the young men who killed Fernando are
guilty who deserve to be sentenced
, but what should be the sentence?
Perpetual for all?
And if they really didn't think about killing but about something much more rudimentary and tribal like giving another beating -one more- to any kid and that's it?
The aggravating factor can be mitigated: it was a group
used to fighting
, which included it in its fun menu, but at the same time it had never killed anyone.
So, did you never think that you could kill by hitting the way they hit Fernando?
On the other side: it is impossible for an adult, no matter how young, not to think that kicking someone on the head can kill them.
The thing is, if you think about it (and it's almost impossible not to think about it),
you don't care and you do it anyway.
Here comes an almost absent figure in these days of trial, which ended with the extremes of
life sentence for all
-as requested by the prosecution and the complaint- or
acquittal for all
, as requested by the defense attorney, in an extreme of implausible optimism.
That would mean that
Fernando died alone, without anyone touching him.
The alternative figure is
eventual intent homicide
: it means that I don't want to kill but with the action I'm doing I think I can kill someone and
still I don't stop.
This simple qualification would distance the defendants from both a minor sentence and a life sentence, and would leave them between options ranging
from 8 to 25 years in prison
.
It could help if the court believes that everyone is guilty but not everyone deserves the same sentence.
The court could
balance
between the clamor for
life imprisonment for everyone
- could that group really have devised a murder (not a beating) 5 minutes before, and stayed in the city of crime instead of escaping? - and
the atrocious death of Fernando.
Because everyone can explain a thousand times what happened -even apologize and cry-
except him
.
The insane ferocity of the beating is proved by the simple fact of the healthy young man who
dies because he is beaten.
Nothing more.
The most difficult thing will be to separate that indisputable result from the intention of the attackers.
But there will be a judicial
meta-message
that will be unavoidable, and that may be
the true core of the discussion
in the Argentine tables: if a qualification that leads to lesser penalties will be a
green light
to the collective unconscious that
attacking in a herd
has no greater consequences in Argentina, even if the victim dies helpless, under a furious storm of blows.
look also
The complete words of the eight rugbiers at the end of the trial for the crime of Fernando Báez Sosa
look also
"There are eight liars": Fernando Burlando's response to the rugbiers after apologies and tears