This week the arguments of the trial for the crime of Fernando Baez Sosa and on February 6 the sentence will be known. The prosecutors Juan Manuel Davila Y gustavo garciaand the family lawyers, Fernando Burlando Y Fabian Amendolathey asked for the penalty of life imprisonment for the eight rugby players “double aggravated homicide in ideal contest with minor injuries”while the defense of the eight rugbiers, in charge of the lawyer Hugo Tomeirequested the acquittal “for a technical and procedural issue”. What were the arguments of each of the parties?
The basis of the prosecution’s allegation, which asked for life, was that there was a plan to kill Fernando. Both the prosecutors and the lawyers for the Báez Sosa couple maintain that in the early morning of January 18, 2020, the defendants agreed to kill the young man. In his presentation, prosecutor García explained that the attack lasted 45 seconds and specified that, prior to that, the attackers had seven minutes to devise the plan.
The prosecutor reconstructed how the rugby players went step by step that morning and clarified that the “premeditation” it is evident that they agreed to kill, and not that they went out that night planning to kill someone. After being kicked out the briqueThey went out onto the sidewalk at 4:32 a.m., remained on the sidewalk of the dance venue, and, at 4:37 a.m., crossed to stalk Fernando. At 4:38, Lucas Pertosi he quietly walked to the corner to see if the area was cleared (of police). The previous agreement began in the village of Le Brique at 4:37.
The staff of Infantry He withdrew from the place at 4:42 and, at 4:44, Ayrton Violaz gave the alert that the area had been liberated. Then the attack began in a pack and from behind Baéz Sosa. “At 4:45:15 they completed the homicide: lasted 45 seconds”said Mocking.
Tomei denied that there was a plan. “In the absence of evidence, they say that seven minutes after they left the club (my defendants) they agreed on the plan: false, implausible or inconsistent. There was never a plan to kill. These kids had no dimension of what had happened,” He maintained and ruled out that his defendants had the intention of assassinating Báez Sosa.
In their allegation, both the prosecutors and the lawyers for the victim’s family argued that there was a “defenseless state” of the young law student. Tomei denied it and assured that before the attack there was a previous fight inside the bowling alley between Báez Sosa and Thomsen. “When there is a previous fight, the case of the homicide ceases to be treacherous because there is a context in which the defenseless state would not be. (The person) would be attentive, they could take ‘arms’ in the matter in the sense of ensuring their safety If we take Báez Sosa’s blow to Thomsen as data, he (Fernando) already knows that he can end up in another problem,” he said.
Another point of the prosecution’s allegation was that “all” the rugbiers “did everything” in the attack ended with the murder and that there were no roles, as the prosecution had raised at the beginning of the investigation. “They all did everything. They all agreed to kill Fernando. They all beat him. They all took turns,” said prosecutor García in the plea and accused the eight as co-authors. The rugby players’ lawyer rejected this, calling it “inconsistency” and calling for an acquittal.
