Saturday April 15, 2023 | 4:48 p.m.
“Noelia’s fight: the unpunished crime of her husband and the job he inherited after his death”. With that title in September 2021 El Territorio published the story of her Noelia Haydeé Oviedo (39), a woman who inherited the job of her husband murdered in the Prosol II neighborhood of Posadas.
The judicial novelty at that time was that the crime, classified as homicide in a fight, had gone unpunished due to the passage of time. Then the five young people from the neighborhood accused of the act, who were released due to the change of title two months later, were dismissed.
The event occurred in May 2014 and the victim was identified as Juan Carlos Katz (37), who was beaten by a mob in the Prosol II neighborhood. They found him lying on a soccer field, with a shattered skull and bleeding from his nose and ears. He spent a week in intensive care, but he couldn’t hold it.
“That in order to the multiple measures that have been carried out, bearing in mind the complexity of the cause due to the confused group attack, in order to arrive at the material truth or at least a sufficient approximation in relation to what was investigated, and Despite this, from the date to the present, it has far exceeded the maximum term provided for the sentence, for the crime charged, which is why I understand that the present case has expired,” said the resolution to which this court had access. medium, signed by Judge Ricardo Balor, head of the Investigating Court Six of Posadas.
The decision came to fruition after an opinion by prosecutor René Casals, who recommended closing the case after taking office. As explained then, the time for the investigation had expired in May 2020, so it was appropriate then -in full reorganization of the unit- to close the investigation.
A turn
However, yesterday the case took a turn again. Through different judicial and police sources, this medium was able to confirm that after an order by Judge Balor himself, the Misiones Police Homicide Department arrested four of the five defendants, who were housed in a cell at the disposal of Justice.
For this, five raids were deployed in the Itaembé Miní and Prosol II neighborhoods of Posadas, although only one of them was caught in the indicated buildings, while the other three were in the street or at work. In this regard, one of them works at the Fernando Barreyro Pediatric Hospital.
Those involved were identified as Armando Asunción DS, Joaquín Alejandro C., Maximiliano Iván D, Emiliano Daniel L. At the close of this edition, some voices indicated that there were finally five detainees, although this could not be corroborated.
According to what could be reconstructed, the change in the situation of the suspects occurred in March of last year, at the request of an opinion from the Misiones Court of Appeals. The judges then revoked the statute of limitations and ordered further investigation.
“He is told to fully assess the evidence and determine if it is not appropriate to expand the instruction and change the cover of homicide in a fight to intentional homicide,” said a source of weight the day before. The decision was adopted after the opinion in this regard of the prosecutor Andrés Poujade.
The prosecutor considered that the facts described in the file “could be classified as a minimum hypothesis of the type provided for and punished by article 79 and, as a maximum, those provided in articles 80 sub. 2) or 6) of said plexus normative”. In other words, he assessed the possibility of an aggravated or doubly aggravated homicide.
“Therefore, since the typical lack of adequacy between the imputed fact and article 95 CP is eloquent, the prescription of the action resolved consequently lacks a valid legal basis, corresponding then to the annulment of the order under review”, indicated according to the document to which he had access The territory.
In any case, the accusation against the detainees will be known when Judge Balor summons those involved to an investigative hearing.
Happiness
Yesterday, the victim’s family found out about the news and they were extremely happy. “There are millions of sensations and to be able to know that justice is being done in part and will not go unpunished. And also to be able to believe in Argentine Justice,” were Noelia’s brief words.
“Joy, crying after these almost nine years we can finally close that stage and have peace,” he expanded.
According to the file, the assault on Katz occurred on May 11, at a birthday party in block F of Prosol II. Juan Carlos was in the place drinking beer, until he had an altercation over a debt with a man, whom he headbutted. A third came out in defense and kicked the watchman, so he decided to leave the place.
But it did not stop there, since the victim was followed by “C. Joaquín Alejandro, D. Maximiliano Iván, L. Emiliano Daniel, DS Armando Asunción and Eduardo Norberto I. and once they reached him, at the height of the soccer goal of the cement field in front of the plaza, they would have violently attacked in group with blows and kicks in the region of the head, until he was rendered unconscious, remaining fainted on the floor”, the file reads (the last names were preserved).
“The worst thing was the head, it had holes, like a car had run over it. Inside the brain there were pieces of the skull, like that, literally, from the kicks with the steel boots. That’s where the indignation I have is the most “In one of the statements it is said who hits him on the ground with the steel caps from the booty. There were details, so I don’t understand how they are released today as nothing happened,” Noelia was outraged in the interview granted in September 2021.
Katz was found dying at the scene and taken by neighbors to his home in a truck. From there, Noelia transferred him to Caps de Itaembé Mini, where they loaded him into an ambulance that took him to the Madariaga Hospital. The forecasts anticipated the inevitable and his death occurred on May 16 at 2 in the morning.
About that night, the interviewee recalled through tears: “It makes me very bad, for me it was very aberrational, very ugly, very suddenly. They arrived in the morning hitting the screams, my children at that moment saw everything, such despair. Such Sometimes it can’t be explained with words. And it was worse with the issue of death, that marked me a lot. It’s living and being in the moment, between worry and despair, seeing my children there and seeing them lying in the conditions in which they brought him to me. He was all bloody, he no longer spoke, he did not breathe”. Now a new hope opened up.
