The five people arrested for the homophobic attack on rugby player Jonathan Castellari have been released.
The five assailants who perpetrated the homophobic attack against Jonathan Castellari on December 1st were released from custody. “Judge Baños did not consider that they could obstruct the investigation or flee, which is why preventive detention was not ordered,” Gastón Llopart, the victim's lawyer, told Presentes. However, the assailants were charged with aggravated assault, with the aggravating circumstance of the victim's sexual orientation.
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Lucas Gutiérrez - The five assailants who perpetrated the homophobic attack against Jonathan Castellari on December 1st were released from custody. “Judge Baños did not consider that they could obstruct the investigation or flee, therefore preventive detention was not ordered,” Gastón Llopart, the victim's lawyer, told Presentes. The assailants were charged with aggravated assault, with the aggravating circumstance of the victim's sexual orientation. The charge presented by Jonathan Castellari's lawyers was attempted homicide, with the aggravating circumstance of the victim's sexual orientation. This aggravating circumstance is a new legal concept. Luciana Sánchez - a lawyer and lesbian feminist activist, member of the Collective for Diversity (COPADI) - explained to Presentes that in 2012 Law 26.791, against femicides, incorporated hate crimes and gender violence, towards gender identity, sexual orientation and/or gender expression (articles 80 and 81 of the Penal Code modified), with these aggravating factors also being in force for the crimes of injuries, among others (arts. 89, 90, 91 and 92 of the CP).
[READ ALSO: #BuenosAires: Justice investigates homophobic attack at Pride March]
Judge Alberto Baños and prosecutor María Paula Asaro did not consider the evidence sufficient to constitute attempted homicide. “We will continue working to have it classified as attempted homicide,” said Llopart. He added that the statements taken during questioning still need to be evaluated. Alejandro Trotta, Gastón Trotta, Juan Ignacio Olivieri, Facundo Curto, and Jonatan Antony Romero Escobar are the names confirmed to Presentes by Jonathan's lawyer. They were arrested on Wednesday, December 27, by order of prosecutor María Paula Asaro. FNational Criminal and Correctional Prosecutor's Office No. 49 and gave preliminary statements before the judge Bathrooms.
Authorities are still trying to locate two of the assailants. The men, aged between 20 and 25, were identified thanks to security camera footage provided by a fast-food restaurant. However, Llopart said that more than a month after the incident, the company has not provided all the footage from its cameras. “They provided the footage from inside the restaurant, but not from the parking lot, which is where the attack took place,” he explained.
Llopart told Presentes that the judge applied a real bail to the five detainees. Under this measure, each aggressor posted a guarantee—money in this case—to obtain provisional release pending a court decision. The case is facing the judicial recess, which begins on January 1, 2018, and suspends activities until February 1.
The attack
On December 1st, in the early morning, Jonathan Castellari and his friend Sebastián Sierra were at the McDonald's on Córdoba Avenue at number 3100 in the City of Buenos Aires when they were attacked by a group of eight men. Shouting "we're going to kill you, faggot," they attacked Jonathan, who had toremain hospitalized for several days due to blows that resulted in broken teeth and a fracture in the orbital area that affected his right eye. “To this day, I can’t go out on the street alone. I feel like I still have a long way to go to overcome the fear I have now of going out freely on the street like I did before December 1st,” the young man told Presentes. ]]>We are present
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