Juan Pedro Guarino, one of the two young men who were charged and later dismissed in the investigation for the crime of Fernando Báez Sosa, which occurred on January 18, 2020 in the resort town of Villa Gesell, he assured this Monday that he felt “even ashamed” after his friends attacked the young man, and He added when testifying as a witness in the framework of the trial that his eight friends are facing for the attack that when he saw “Maximum Thomsen next to a lying boy” he assumed that “they were fighting again.”
“I saw Máximo next to a boy lying down. I imagined that they were fighting again, and already tired, I left. Because we had gone on vacation to have a good time. They had already fought on other occasions,” said Guarino, before the Oral Criminal Court 1 of the city of Dolores, and added: “I felt a lot of shame, it gives me a lot of pain.”
Guarino, first witness of the 11th. day of the trial for the crime of Báez Sosa, He assured that he felt “a lot of shame” and that the situation he witnessed in which his friends were involved gave him “a lot of pain.”
“I still have sadness, anger, pain, I can’t believe it”added the young man, when declaring as the first witness of the hearing that began with almost three hours of delay due to the fact that the plaintiff lawyer Fernando Burlando suffered a delay due to the intense traffic that was on highway 2.
Based on questions from the lawyer of the victim’s family, The witness said that he found out that Fernando had been killed “in the afternoon,” when they were already “with the seals” because “a policeman said so.”
Asked about his relationship with the detainees, he indicated that “he did not have an intimate friendship with all of them.”but he did admit that he was a “close friend” of Luciano and Ciro Pertossi, that Blas Cinalli was a schoolmate and that he knew Máximo Thomsen from playing rugby together.
“I don’t know if I was at odds, but I tried to cut off all kinds of relationships. I had to spend the same days with them. I was able to cut off when I left,” he said.
Meanwhile, he added that he was “very angry”, and that when they returned to the house they rented, he locked himself in his room.
The statement continued with the display of a series of videos at Burlando’s request.
arrest and statement
After Guarino’s testimony It is expected that Alejo Milanesi, the other young man who was part of the group of accused and who was dismissed for lack of merit, will do so.
Guarino and Milanesi were arrested along with the other eight defendants, in the raid carried out on the morning of January 18 at the house where they spent the summer in Gesell, and charged as “necessary participants” for the crime of “aggravated homicide by bankruptcy premeditated by two or more persons”.
Both remained housed together with the other eight defendants at the 1st police station. of Pinamar, until On January 29, they were transferred with them to the warden of the Dolores Penitentiary Unit.
After participating in a series of recognition wheels and not being identified by any of the witnesses who intervened, the prosecutor who carried out the investigation, Verónica Zamboni, head of the Functional Instruction Unit 6 of Villa Gesell, requested their release by requesting the preventive detention of the rest of the group.
Both were released on February 10, 2020, after the judge of Guarantees 5, David Mancinelli, endorsed Zamboni’s request.
In the case of Guarinothe magistrate ordered his dismissal at the time of bringing the case to trial, in February 2021, but made room for a proposal regarding Milanesi, presented by the lawyers of the victim’s family, Burlando and Fabián Améndola, who understood that “Although there are no videos that show” this young man “hitting Fernando, this does not demonstrate with the degree of certainty required for a dismissal that he did not participate in the beginning of the beating or even the plan to kill him”, for which they requested that his eventual criminal responsibility be defined in an oral debate.
In elevation to judgment, the judge also added to the accusation the aggravating circumstance of “treachery”requested by the private prosecution.
Defender Hugo Tomei appealed the resolution in the Milanesi case, and in April 2021 Chamber 1 of the Dolores Appeals Chamber upheld the claim and ordered its “total dismissal”, ruling that it was not questioned by the individual victim.
From the start of the trial, Guarino was not mentioned by any witness, although he was recognized by different video experts as part of the group expelled from the “Le Brique” bowling alley.
In the case of Milanesi, Forensic facial investigation specialists from the Argentine Federal Police located him at the hearing last Thursday together with Báez Sosa’s assailants, although they specified that he was “in an area further away from the altercation.”
