2024-01-18 02:00:00
All the coldness that the eight rugby players exhibited at the time of the crime of Fernando Báez Sosa and throughout the entire oral trial they collapsed in a matter of seconds when hearing, in February 2023, the sentence they received: five of them were sentenced to life imprisonment and three to 15 years in prison.
Thomsen, Ciro Pertossi, Enzo Comelli, Matías Benicelli and Luciano Pertossi were sentenced to life imprisonment for being considered co-authors of the crime of doubly aggravated homicide. Meanwhile, for Ayrton Violazz, Blas Cinalli and Lucas Pertossi The sentence was 15 years in prisonbecause they are considered secondary participants.
The trial that began on January 2 of the year once morest the five friends last year shocked the country, which had been shocked by the crime of the 18-year-old law student, which occurred on January 18, 2020 in Villa Gesell.
“Pineapples, no plans”: they revealed shocking chats of the rugby players during the trip to Villa Gesell
That night they were expelled from the nightclub. “The Brick” in which a fight had started. On the street, they isolated Báez Sosa and attacked him with fists and kicks, in a beating that caused his death from multiple injuries.
The victim was the only child of an elderly caregiver and a bricklayer, both Paraguayan immigrants. She had begun a career in law, following graduating from a Catholic parochial school and doing charity work.
The accusation of the Oral Criminal Court 1 of the city of Dolores, made up of María Claudia Castro, Emiliano Lazzari and Christian Rabaia, explained in detail the role of each one in the fatal beating once morest Fernando, and although three of them were not sentenced to life imprisonment, it was proven that All of them participated in the crime.
Máximo Thomsen (sentenced to life imprisonment)
Thomsen is the most complicated detainee since he was the one who gave the final kick to Fernando’s head and caused him “cardiac arrest caused by neurogenic shock due to head trauma.”
All the videos from the security cameras and witnesses they filmed place him at the crime scene. He was forcibly removed from the “Le Brique” bowling alley in Villa Gesell and is accused by the justice system of being the one who gave the fatal kick to Fernando’s head when he was “kneeling on the ground” and who said out loud: “Stay Don’t worry, I’m going to take it as a trophy.”
The tests confirmed that the victim had the mark of the rugby shoe in the face, and in turn, Fernando’s blood was detected on that shoe. Hours following the crime, he went to eat at a McDonald’s with Lucas Pertossi as if nothing had happened.
“I never had the intention of killing anyone in my life.because I have been hearing every day that I organized, I am a leader“, he expressed before the Court, where he also apologized for what he described as a fight where he “handed out kicks and pineapples.”
“You can see how Thomsen hits Fernando,” said the Prosecutor’s Office during the reading of the allegations. “There were 23 eyewitnesses to the event, we have expert evidence from Thomsen, such as the shoe” that was captured on Fernando Báez Sosa’s face.
“First of all, apologize to the family and all the people who were affected,” he said in his last words in court shortly before receiving the sentence. “I never would have thought something like this would happen. I never had any intention of something like that. I wish I might go back in time and reverse all this, but we can’t. I have no choice but to apologize, I know that sometimes apologies are not enough. We will always abide by what they decide,” added the young man.
What the law says and when might the five rugby players sentenced to life be released from prison?
Ciro Pertossi (condemned to perpetual prison)
A video obtained from security cameras shows the moment in which Ciro Pertossi sucked his fingers to clean Fernando’s blood when he was intercepted by the police. He was also the one who, almost an hour and a half following the attack, wrote in the WhatsApp group that he shared with the rest of the group: “Guys, don’t tell anyone regarding this.”
He is considered a co-author of the homicide for having participated in the fight, since in the lineup he was identified for having been at the scene of the crime.
Pertossi assured at the trial that he intended to “kick” him and that he stopped when he realized that Fernando Báez Sosa was “on the floor”, in reference to a video shown by the Prosecutor’s Office where he is identified meters from the young man when he was brutally attacked at the exit of the Le Brique bowling alley.
“He kicked Fernando,” said Dávila.
He is one of the rugby players to whom Justice attributes greater responsibility in the crimesince he was recognized by at least three witnesses “as the subject who hit Fernando when he was already on the floor, on his head, face, and chest.”
In his last words at the end of the arguments, he said: “I am very sorry for everything that happened, please apologize to the family for having been in the place, having been in a fight where a boy our age died. It’s very ugly, I’m never going to want to kill anyone, it’s something that affects me a lot, nothing, ask for forgiveness. Someone our age died, it’s very uglyand what they accuse us of is very ugly too.”
Fernando Baez Sosa Case | Thomsen, Comelli, Benicelli and Cyrus and Luciano Pertossi were sentenced to life imprisonment
Enzo Comelli (sentenced to life imprisonment)
The evidence indicated that Comelli was at the fight inside and outside Le Brique, and therefore was considered participant and co-author of the murder of Fernando.
When he was arrested, he had a “bruise on his lower lip” and, according to the prosecutor’s office, he “premeditatedly” attacked Fernando “along with the remaining defendants, following sharing roles to physically attack the victim and later kill her.”
In the lineup they identified him as one of the first to hit Fernando. “Almost in unison, he was hit by Comelli and Ciro Pertossi, simultaneously,” prosecutors maintained. They added that he was one of those who hit Fernando when he was on the floor.
Máximo Thomsen’s story regarding the crime: he reacted “by kicking” following receiving “a pineapple in the face”
“I want to ask Apologies to Fernando’s family, also to my family I want to apologize to all the people who were unfortunately affected by this. aberrant event in which a person diedas my friends said, of our same age, who like us had a whole life ahead,” he said in his last words before the Court.
“I really want to give my sincere apologies to each of the people who gave testimony and went through this ordeal, yes, who sat there. I want to thank you for this space and always as they said I will be at your disposal and thanking them,” Comelli said.
Matías Benicelli (sentenced to life imprisonment)
Matías Benicelli fwho opened the door to the police at 10:30 on January 18, 2020, when the group apprehension in the house that the eight young people rented in Villa Gesell.
Positioned by witnesses as Fernando’s “direct aggressor” and also “also attacking a friend”, another testimony He identified him as the one who was yelling at Fernando: “Let’s see if you hit once more, you fucking black man.” The experts confirmed that there was Fernando’s blood on his shirt.
“He kicked Fernando when he was on the floor and was in the area where he was attacked. It was a kick, he confirmed, that made Fernando not get up once more,” the prosecutors said. They also noted that Fernando’s blood stains were on the defendant’s clothing, including the sneakers associated with the kicks. “There are no doubts regarding co-authorship. “.
Benicelli warned his friends that morning to make a pact of silence: “My friend, stop saying that the other kids are asking what’s up if we fight.”
Before the court, he said: “First of all I want to apologize to Fernando’s family, because I never wanted this to happen, I never had any plan, no intention to kill anyone. Every day I think regarding it, every day I regret what happened, I wish I might turn back time but I can’t, but I want to make it clear that I never wanted to kill anyone“.
The Pertossi: the record of the family of three of those accused of the crime of Báez Sosa
Blas Cinalli (sentenced to 15 years in prison)
A swab performed at Fernando’s little finger nail revealed that I had Blas Cinalli’s blood, and videos obtained showed their participation. The lineup at the Villa Gesell Prosecutor’s Office was key to confirming that he was part of the attack.
Blas’s phone showed the WhatsApp group “El club del Azote”, made up of 13 people who live in Zárate. At 5:08 the young man wrote: “We fought, We won once morest some guys, we broke them. We are going to the center to reward” along with a photo of Thomsen and Ciro Pertossi.
At 5:15 he sent another person the text that would confirm the attack: “Dude, we flashed, we killed one.” “We screwed up in the bowling alley. They took us all out. We waited for the police to leave and then we dumped them out.”“he continued. Minutes later, Cinalli made reference to a fact that one of the witnesses had revealed: “There was a blonde who was holding on to my ankle.”
At 6:47 someone from the group asked him: “What’s up Blas, did you get mass?” to which the young man replied: “Two had seizures, we sent one to the hospital, with no vital signs.” Some time later Cinalli sent a message to the group once more giving details of the fatal beating of Fernando and the subsequent escape: “We hit someone with the Perto, we beat him up, but badly. We came running home.”
They attributed to the young man “an essential criminal participation in the commission of the act” and as “Fernando’s direct aggressor.”
Without mentioning the victim, Cinalli told the judges: “I want to apologize to everyone affected by what happened. It’s something that It hurts a lot to this day and it’s very sad.Actually, nothing, there was no plan or anything that is said, thank you for listening to me”.
Lucas Pertossi (sentenced to 15 years in prison)
Lucas Pertossi was the one who filmed with his iPhone the crime sequence while laughing and asking that no one defend the victim. She then sent the video at 4:41 to the WhatsApp group “The crazy ones”.
At 7:53 am, Blas Cinalli sent him a photo with two other unidentified boys, to which Pertossi replied: “All I want is drink wine and smoke flowers“.
Ten minutes following the attack, he sent an audio to the rest of the rugby players: “I’m here near where the kid is and they’re all there shouting, the police are there, they called the ambulance… it expired,” in reference to the fact that Fernando had died from the attack. Then, he went to eat at a fast food restaurant with Máximo Thomsen.
Who is Luciano Pertossi, the rugby player who broke the pact of silence and is accused of kicking Fernando Báez Sosa
“He was the person who filmed and was between eight and ten seconds next to Fernando,” the prosecutor’s office said regarding his role. “He hit Fernando,” they added. prosecutors, who stressed in court that he was the one who sent the message to the rugby group informing that the victim “expired.”
“First of all, I wanted to apologize to Fernando’s family for everything that was caused,” he said in his last words before the court. I am very sorry for what happened, I am very bad from what happened that day until today and very sad for everything that happened, and to all the people I affected I want “I sincerely apologize.”.
“I never had the intention of killing anyone or participating in any murder, not at all, I want to say thank you for this moment, for listening to me and I have nothing more to say,” he concluded.
Ayrton Viollaz (sentenced to 15 years in prison)
Viollaz is the only one in the group who did not have a cell phone and the prosecution understood that “All the evidence assessed” clearly places him next to Fernando, possibly being a direct aggressor.
In the videos they observed that he prevented the victim’s friends from coming to help him. “You see him close to everything that happened”indicated the prosecutor’s final report. “He physically attacked Fernando,” said prosecutor Juan Manuel Dávila, who also indicated that he had injuries to his right knuckles.
Who is Ayrton Viollaz, the rugby player who expected acquittal but might receive life?
For his role in preventing friends from helping the victim, he was described as a “co-author.” “Dear judges, If Viollaz had not been in that sector, there is no doubt that the friends might have gone to Fernando’s aid and prevented him from being killed.“, questioned the prosecutor.
“I want to apologize to Fernando’s family, I never thought something like this would happen“I am very sorry for everything,” he declared in court.
Luciano Pertossi (Perpetual Prison)
In line with the actions of Viollaz and Lucas Pertossi; Luciano Pertossi was recognized by witnesses as one of Fernando’s attackers. In the filming it is seen when he participates in the beating of Fernando, but before the Court he assured: “I was not there”.
“He participated as a co-author, he had the possibility of starting and stopping the course of the crime,” said the prosecutor in the reading of the arguments. Considered a co-author of homicide, he had marks of Fernando’s DNA on his clothes.
“First, apologize to the Báez Sosa family and anyone affected by this,” he declared at the closing of the defense’s argument. “I never wanted or wanted to participate in a fight where a person dies. I apologize for everything bad. “Whatever they decide will be the right thing to do.”
While waiting for the Cassation ruling, this is how the rugby players convicted of the crime of Fernando Báez Sosa live
The eight convicted of the crime of Fernando Báez Sosa: their days in prison
These days, the young people continue to be housed in a separate pavilion from the Mayor’s Office No. 3 of Melchor Romerowhere they remain following having been in the Dolores prison, at the beginning of 2020, when the incident occurred.
Inside the penitentiary establishment they have four hours a day to be in the yard, which sometimes alternates between the morning and the followingnoon, according to judicial sources. Furthermore, they have library accessat least twice a week, and different board gameslike chess.
They receive visits from their relatives Thursday followingnoons, who can bring them food. Recently it became known that rugby players were also given permission to use cell phones but only to send text messages.
After 35 years in prison, Penal Code It allows them the possibility that the judge authorizes them to leave. In that scenario, Máximo Thomsenwho today is 24 years old and has already spent almost four years in prison, You will be able to leave at 55. The same thing happens with Matías Benicelli, who is the same age.
On the other hand, Ciro Pertossi and Enzo Comelli, who are now 23 years old, might access this benefit at 54, while Luciano Pertossi, 22 years old, at 53.
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