The prosecutors Juan Manuel Davila y gustavo garcia they appealed the court ruling that sentenced Blas Cinalli, Ayrton Viollaz and Lucas Pertossi to 15 years in prison for the murder of Fernando Báez Sosa and again asked that they receive life imprisonment like the other five convicted.
The 8 rugby players from Zárate were tried by the Oral Criminal Court number 1 of the city of Dolores, made up of María Claudia Castro, Emiliano Lázzari and Christian Rabaia, for killing Fernando in the early morning of January 18, 2020 in Villa Gesell .
Máximo Thomsen, Enzo Comelli, Matías Benicelli and Ciro and Luciano Pertossi were sentenced to life imprisonment for being co-authors of the crime of doubly aggravated homicide of Fernando Báez Sosa on February 6.
While, Viollaz, Cinalli and Pertossi received a sentence of 15 years in prison for being secondary participants in the murdera penalty that did not satisfy either the prosecutor’s office or the lawyer for the Báez Sosa family, Fernando Burlando, who promised to appeal the ruling.
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The prosecutors who intervened in the trial for the crime filed an appeal on Friday before the Buenos Aires Criminal Cassation Court to request that the three young men receive the same sentence of life imprisonment handed down for the other five convicts.
In their presentation, the prosecutors said that it is established that “there were no distinct roles” among the 8 murderers and “everyone did everything” when it came to killing Fernando Báez Sosa.
According to the point of view of the prosecution, they rejected the classification of “secondary participants” because the entire group would be responsible for the crime of “aggravated homicide due to treachery and the premeditated cooperation of two or more people.”
According to the judges, Viollaz, Pertossi and Cinalli “took part in the act, but their contributions were not essential for the conduct of the co-perpetrators to be consummated.”. They participated in the execution of the act, but carrying out a criminal action that if the homicide result were hypothetically suppressed, it would still have occurred.”
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“In effect, those who had control over the act, as well as the possibility of stopping the hostilities, were the five who laid hands on the victim, and not these three participants, who subordinated their actions to the will of the co-perpetrators,” they summarized. in comparison between the different sentences imposed.
Viollaz “made a non-essential contribution to the event. According to what is extracted from the testimonial evidence, he is accused by haranguingalso like the one who hit Lucas Beigide (a friend of Báez Sosa) who was in the front of the car, and uttering shouts and phrases like, ´It is now´ or ´And now´ (…) It was not corroborated with the degree of certainty that this stage requires, that he has exercised direct actions against Fernando Báez Sosa, or some contribution of essential relevance, to enable the perpetrators to carry out their criminal action”.
“In the same way, in the exhibition of Lucas Pertossi’s video, as well as the one that is filmed from the front, they tried to point him out as one of those who was beating Fernando or close to him, but this has not been the case. sufficiently demonstrated”, said the Tribunal, since “its contribution was secondary in the sense that it did not revisit the characteristics of necessary or essential for the realization of the result”.
Lucas Pertossi “filmed the beginning of the attack but not partition at the beginning of the beating”, they summarized and they concluded that he was “out of the central focus of the attack” on Fernando.
As for Cinalli, his situation does not differ substantially from that of the other two secondary participants. Although in the videos of him he observes him outside the central focus of the attack, the judges understood that his co-authorship has been proven.
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