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The crime of Fernando Báez Sosa: in cold blood, and an instant that changed everything

2023-02-06T22:37:43.248Z


According to the ruling, the mob that killed Fernando executed an attack plan to which they were accustomed, but this time they hit to kill.


Fernando receives two simultaneous blows by surprise -one from behind, another from the front- and

falls to his knees

.

Two more blows are added, already on the ground, which leave him lying down, unconscious and

totally defenseless

.

Spot.

At that precise, surgical, absolute moment, the attackers' idea of

​​beating

Fernando - a beating planned and executed in an

all-on-one

mode - was consummated.

They went looking for Fernando to hit him for an altercation inside the bowling alley and they hit him.

End. Matter finished.

However, they continued

.

From that moment on, each new blow to the chest, each new kick to the head - in a sequence that lasted for 50 eternal seconds - was because they

wanted to kill him

.

It was there when the attackers -according to the judges-

"updated their knowledge and directed their joint will to kill Fernando Báez Sosa"

.

They updated their knowledge

means they

changed the original plan

.

The beating was over and now, from this crucial second of a summer morning in a seaside resort, they wanted

to continue until they killed him, which they finally did

.

This is how the Dolores court resolved the

most difficult

point  of the case: whether or not the attackers had the real intention of killing during some moment of the seven minutes that passed from the time they left the nightclub until they abandoned Fernando after the beating.

What the law calls

fraud

(will, intention, full awareness of what one wants and chooses to do)

is a psychic process that leaves no trace and must be inferred from evidence.

These indications include, said the Dolores court, the

previous and subsequent

attitude of those involved.

The idea of ​​the group that hits, sees that it gets out of hand and reacts accordingly would show, then, what the original intention was.

It is one thing for the group or one of its members to interrupt the attack or, once it has been completed,

assist the victim, ask for help or call an ambulance when

they are certain or fear that the result of the attack was worse than they had thought. .

and another thing is

leaving all together and at the same time, satisfied and with the inhuman indolence of

not caring what they are leaving behind

.

Even more, carry on as if nothing had happened or make a trivial comment -

"I think it expired"

- when the idea crosses their minds that the attacked boy could be dead.

The court heard

87 witnesses

to conclude that Fernando was viciously kicked in the chest and head while they harangued each other:

"Come on, come on, kill the black shit."

"It is the intention to kill what explains the modality of the attack

," say the judges.

In other words: it is impossible to hit someone unconscious on the ground that way, so repeatedly and violently -

"as if it were a bag of potatoes"

, said another witness -, if you did not have the direct intent to kill.

The court took into account that most of the blows, once Fernando was down, were directed

at his head

, and that it was a group accustomed to

organizing to hit

(and for this reason some took care to prevent the friends of Fernando from

Fernando could assist you).

The ruling - which will be reviewed by higher courts - struck down the hypothesis of

"hot blood"

(young people who fight for a moment of fury) and was left with that of

"cold blood"

: a mob that executed a plan and, when he decided kill, he did everything necessary to comply, like

kicking the head over and over again

.

Regardless of whether it remains firm or not, the ruling opens a path and gives

a social message:

the attack of young students who kill another in the context of

"holiday fun"

is no less than the murder committed by common criminals on the victim defenseless from violent robbery.

The unusual interest that the sentence generated in society -the transmission of the Buenos Aires Court on

YouTube

had almost two million views from the allegations to the sentence- shows the expectation for the decision.

It is a witness case.

Actions have consequences, regardless of context.

And a summer crime in a spa is no lighter than another committed in the darkness of a bus stop in a marginal neighborhood.

The message also reaches the thousands of parents who every night, when their children go out to have fun, wait for dawn

with their hearts in their mouths

.

The heartbreaking testimonies about Fernando's end remain among the pages of the sentence:

"His body was hurt and he coughed up blood. We ran him to the side, so he wouldn't drown. His face was swollen and his eyes were swollen. He coughed a couple of times more..., that's when a person comes and tells us that there is no pulse

," Lucas said.


Juan caressed his head and whispered in his ear:

"Calm down, friend, you're going to be fine

. "

Fernando was dead.

No penal qualification, however tight it may be, will compensate for the tragedy of that absence.


look too

Why five life sentences and three secondary participations?, the keys to the sentence for the crime of Fernando Báez Sosa

look too

"It gives some relief, but the sadness continues": this is how the sentences were received at the Fernando Báez Sosa school

Source: clarin

All news articles on 2023-02-06

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