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By Lucas Fauno Gutiérrez

Just days before the one-year anniversary of the hate crime against Jonathan Castellari at the McDonald's on Avenida Córdoba 3188 in Buenos Aires, the seven assailants admitted to attacking him because he is gay. The prosecution agreed to a plea bargain with a three-year suspended sentence and community service. This decision still needs to be ratified by the judge of the Oral Court.

“This would be the first time a serious assault conviction includes hate based on sexual orientation as an aggravating factor,” Gastón Llopart, the victim's lawyer, told Presentes. The seven assailants, who have been on trial since May of this year, will have to complete 96 hours of unpaid community service at the “Mocha Celis” Trans Community High School, the Casa Trans (Trans House), and the Endocrinology Department of the Fernández Hospital. They were also required to attend a course on “Discrimination and Rights” offered by the National Institute Against Discrimination, Xenophobia, and Racism (INADI). This was decided in the plea agreement reached with the 16th Prosecutor's Office before the Oral Criminal and Correctional Courts, presided over by Judge Fernando Fiszer.

[READ ALSO: Five young men arrested for homophobic attack on Jonathan, rugby player for Ciervos Pampas]

Regarding the agreement with the Prosecutor's Office, Jonathan Castellari told this agency: “It was expected from the beginning. I can't say I feel happy, but I do feel relieved. I'm satisfied, and I think it's a cautionary sentence. What happens is unfair, not only to me but to a lot of kids who go through the same situations, and perhaps it doesn't get as much attention.”

Almost a year later, reflecting on the viral spread of his attack and the importance of this ruling, Jonathan says it's crucial that those who commit this type of violence are aware that there are consequences. "They need to be more careful and respectful. This is something that shouldn't happen again. But society isn't ready; while laws are progressing, a large part of it needs to change its mindset."

“All seven admit to the act and that they did it because of Jonathan’s sexual orientation,” explains lawyer Llopart, referring to the statements of Gastón Alejandro Trotta, Alejandro Matías Trotta, Rodrigo Nahuel Cardozo, Facundo Curto, Juan Bautista Antolini, Jonathan Antony Romero Escobar, and Juan Ignacio Olivieri. “It would be a suspended sentence, so they won’t go to jail, but this will give them a criminal record. If they commit another crime, this agreement could be nullified,” said lawyer Gastón Llopart.

All that remains is for Judge María Cristina Bértola of the Oral Criminal and Correctional Court No. 16 to ratify the agreement, which includes community service. “It’s not a sentence yet,” says the victim’s lawyer.

The attack

“I woke up today wanting to beat up a faggot like you… get outside, you fucking faggot,” with that phrase Olivieri and Romero Escobar confronted Jonathan Castellari in the early hours of December 1, 2017, at the McDonald’s located at 3188 Avenida Córdoba in Buenos Aires. Once in the fast-food restaurant’s parking lot, Alejandro Trotta attacked him from behind, and the other assailants joined in later.

“Kill him for being a faggot,” were some of the phrases they shouted while beating him. Sebastián Sierra, Jonathan's friend who was with him at the time, intervened and, when they were distracted, Jonathan Castellari was able to escape. The attack left Jonathan hospitalized for several days at Güemes Hospital with broken teeth, a fracture in the orbital area that affected his eye, and further injuries. All of this is detailed in the statements of the victim and his friend.

The statements of Jonathan Castellari and Sebastián Sierra are corroborated by those of the McDonald's manager and an employee, who stated that the attack was motivated by the victim's sexual orientation. Security camera footage of the incident was also considered, along with a 911 call in which a woman reported that a group of intoxicated men were attacking two young gay men. The seven attackers initially claimed they only learned Jonathan was gay after the incident, through the media. However, they now admit to having acted on his sexual orientation.