The prosecutors involved in the trial for the crime of Fernando Báez Sosa, which occurred on January 18, 2020 in the town of Villa Gesell, asked this Thursday that the eight accused of beating him to death be sentenced to life imprisonment.
After a plea of more than three hours before the Oral Criminal Court 1 of the city of Dolores, prosecutors Juan Manuel Dávila and Gustavo García considered it accredited that Máximo Thomsen (23), Enzo Comelli (22), Matías Benicelli (23) , Blas Cinalli (21), Ayrton Viollaz (23), and Luciano (21), Ciro (22) and Lucas Pertossi (23) are co-authors of the crime of “homicide aggravated by treachery and by the premeditated cooperation of two or more people, in ideal competition with injuries.
In addition, they requested that Tomás Colazo and Juan Pedro Guarino, the rugby players who were on the scene but were dismissed, be charged with false testimony. “They were unperturbed, they did not remember anything. I have no doubt that due to an omission, they lied, for which reason they are going to request that a separate case be filed for the crime of false testimony,” said prosecutor Dávila.
In the almost two hours that his argument lasted, prosecutor García reviewed the evidence presented based on the testimonies of four of Fernando’s friends and three employees of the “Le Brique” nightclub in Villa Gesell, referring to the incident. inside the place, which he considered “the motive” that led to his being killed outside.
The prosecutor’s office exhibited the images captured inside the nightclub and analyzed by the Argentine Federal Police, where, according to García, “Máximo Thomsen is observed pointing at someone.” “We are convinced that he was Fernando and then he makes a threatening gesture,” said the prosecutor. Then the synchronized videos of the moment in which both the group of defendants and Fernando’s are expelled from the club were reproduced in the courtroom.
García said that after the expulsion of “Le Brique”, the defendants remained “around seven minutes near Fernando and his friends, agreeing during that period of time to kill Fernando Báez Sosa waiting for the right moment to do it.”
The prosecutor indicated that among the eight defendants “there were no roles, they all did everything, they all agreed to kill Fernando, they all beat him.” “There was no fight, obviously there was no fight,” said García, who also referred to the kick that left an imprint on the victim’s face, and which according to the expertise carried out was done with the Cyclone shoe that belonged to Thomsen. : “The bullfighters take the bull’s ear, that was leaving the stamp on Fernando.”
Then he reiterated that “there was a premeditated competition between two or more people who agreed to kill him and chose that way, with multiple punches and kicks, especially to the head,” for which he assured that “there is no possibility” of frame it as “fight or assault,” as the defense is presumed to try to show.
After the request for life imprisonment, the lawyer Fernando Burlando, who represents the parents of Fernando Báez Sosa in the trial, said that they are “satisfied” with the prosecution’s allegation and announced that during the presentation of the victim there will be “some other surprise more”.
“We are satisfied and obviously this speaks of the fact that there is a very similar opinion (with the individual affected),” Burlando told the press during the intermission arranged by the Oral Criminal Court (TOC) 1 of Dolores, in charge of the debate. . And he added: “It is possible that we will accompany the prosecution and we have some other surprise.”
“The prosecution said something very interesting: ‘Let’s not fall into the fascination of the cameras, of the filming’, because this was not filmed by a film director, there are issues that were filmed as best they could and obviously what you see are different situations but we do not have them linked, who links all this are the witnesses,” said the lawyer.
