Days after Máximo Thomsen broke his silence and tried to distance himself from the crime of Fernando Báez Sosa, now Matias Benicelli -another of those sentenced to life- came out to make his defense with a statement released by his lawyer, Carlos Attias. There, he said that he was not part of the “firing squad that kicked Fernando’s life” at the exit of the Le Brique bowling alley in Villa Gesell and slipped that Thomsen led the group that “went out to look for fights” to “boast about alleged feats”.
“I was never part of a firing squad that kicked Fernando’s life”Benicelli stated, through a statement that journalist Diego Estevez (A24) released this Tuesday, a week after Thomsen named him in the television interview in which he tried to distance himself from Báez Sosa’s crime.
And he added, in reference to Thomsen, who throughout the trial was identified as the leader of the group: “I was not one of those who went out to pick fights for Zárate with other groups to brag about those supposed feats“.
In that public appearance, Thomsen had pointed out some of his companions, by name and surname, as protagonists of the beating in which Fernando lost his life in Villa Gesell. He had also attempted to shake off the characterization of him as the leader of the group. He mentioned Benicelli as the one who would have received – according to his story – a blow from Báez Sosa and Blas Cinalli as the one who threw himself on top of Báez Sosa. He also appointed Ciro Pertossi and Enzo Comelli.
“I know that I did not kill Fernando, but I apologize with all my heart on behalf of all those who caused his tragic disappearance,” Benicelli added.
Benicelli and Thomsen are two of the five rugby players who received life sentences. The others are Ciro Pertossi, Enzo Comelli and Luciano Pertossi. For their part, Ayrton Viollaz, Blas Cinalli and Lucas Pertossi were convicted as secondary participants and received a sentence of 15 years in prison.
In one of the paragraphs he asked for the “mercy of God” to “restore peace” and “impart Justice.” In this way, he requested that “Fernando’s death be remembered as that of a martyr, who offered everything he had, his life.” He closed his text by asking that this case serve to eradicate violence from all places. So that violence be eradicated forever from all places “where young people gather to celebrate life and not to invoke death.”
In dialogue with Clarín, lawyer Attias said that strictly speaking it was not a letter written by Matías. He acknowledged, however, that it is a series of statements by the rugby player that the lawyer himself reconstructed and that he sent to the journalist.
In addition, he toned down the crossing with Thomsen. “From the place where Matías was, that is, in the back of the Volkswagen Vento that was parked on the sidewalk, about five meters from where Fernando Báez Sosa was murdered, in the street, in the front of that car, Matías could hardly see who were the ones who were kicking him,” said Attías.
Given the fact that the writing was part of a judicial presentation, the lawyer explained that – until now – the only official letter signed by Benicelli was the one he addressed to the Cassation judges to change lawyers, “a month ago and half, two months ago.”
Benicelli, Thomsen and the rest of the rugby players faced the trial with the same lawyer: Hugo Tomei. But it was the two of them who complained about the “ineffective defense” of that lawyer and decided to switch to his defense. They are now advised by Attias and Francisco Oneto, respectively, who seek to lighten their sentences.
During the trial, prosecutor Juan Manuel Dávila considered that Benicelli “had co-control of the event”, since he had “the possibility of undertaking, continuing or stopping the causal course of the crime.”
One of the key pieces of evidence to convict him was “the discovery of blood in which the genetic profile of the victim was detected in all the clothes that the defendant was wearing that night, which unequivocally demonstrates direct contact with the body of Fernando Báez Sosa and that he was one of the five who took part in the deadly attack.”
Benicelli was the one who opened the door to the Police at 10:30 on Saturday, January 18, hours after the crime, when the arrest of the group of Zárate rugby players was ordered in the accommodation where they were staying.
One witness identified him as Fernando’s “direct aggressor” and at least another “also attacking a friend.”
The statement that Matías Benicelli sent to a journalist for the crime of Fernando Báez Sosa
Dear Diego. I thank you for the possibility of saying what I cannot, because I have no means other than what I write, so that you know that I feel Fernando’s death more than my own existence. And there are no words to express the pain that his absence causes me. Without the comfort of his presence in this world, I only have the hope that he is with God lighting the way for us.
I have an older sister who is beautiful and a younger brother who is 17 years old whom I love and miss every day, a loving mother and a father who is my example of work, effort and dignity of life. With them I learned the value of family, to believe in God and to uphold values that today, more than ever, sustain me in the prison in which I am.
I was never part of a firing squad that kicked Fernando’s life. Nor was I one of those who went out to pick fights in Zárate with other groups to boast about those supposed feats. I was in the wrong place at the wrong time. Because I went on vacation to Villa Gesell with a group of 9 people. And the causes that I do not justify and the acts of some that I never fully understood, absurdly ended the life of a 20-year-old teenager. The same age I was. That is why I understand the judges who convicted me and above all I understand and justify Fernando’s parents. Because they believe that all of us who were there that night were his murderers.
Asking for forgiveness seems hypocritical when it doesn’t come directly from the heart. Saint Francis said, it is necessary to love to be loved, to forgive, to be forgiven. I know that I did not kill Fernando, but I sincerely apologize on behalf of all those who caused his tragic disappearance.
My solidarity and my love is with Fernando’s parents, as it is also with my family.
I remain hopeful that God’s mercy will restore peace to us and impart justice where men cannot reach. And may Fernando’s death be remembered as that of a martyr, who offered everything he had, his life. so that violence is eradicated forever from all places, public and private, where young people gather to celebrate life and not to invoke death.
