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BUENOS AIRES, Argentina. Nine of the ten Buenos Aires police officers arrested on May 1 for the murder of Sofía Fernández have been released. The only one still in custody is Assistant Officer Carlos Rodríguez, following a strong body of evidence against him.

The decision was made by the Court of Guarantees No. 7 of the Municipality of Pilar. The document ordering the release of the officers explains that it has not been proven that they were at the police station during the time frame in which the trans woman was allegedly murdered.

The homicide case is being handled by a team of prosecutors consisting of Esteban Álvarez, prosecutor for illicit drug investigations in San Isidro; Manuel Cayuela, from the gender area; and the assistant prosecutor also specialized in the subject, Victoria Santamaría.

Sofía Fernández's family warned of the seriousness of this and will appeal the measure. Furthermore, they requested protection for the family more than ten days ago.  

The situation of the accused

The court's decision does not mean the officers will no longer face charges. Four of them were accused of being the perpetrators of a murder motivated by hatred based on gender identity. They are Assistant Officer Ezequiel Francisco Ávalos Ibáñez, 32; Sergeant Germán Gonzalo Robles, 29; Sergeant Yésica Isabel Núñez, 32; and Sublieutenant Viviana Edith Ruiz.

The other five who were also released were detained for “cover-up.” They are the head of the Pilar 2nd police station, Daniel Eduardo Salerni; Miriam Elisabeth Valor, a 38-year-old sub-commissioner; Camila Belén Pitulak, a 27-year-old officer; Gabriela Itatí Mino, a 35-year-old sergeant; and Gustavo Gabriel Camacho, an assistant officer, also 35 years old.

Days earlier they had been granted house arrest, after having held a march in front of the courthouse.

The only one arrested

According to what could be deduced through the forensic examination, Sofia died during the early morning of Monday, April 10, 2023. It was learned that there were witnesses who saw her around 2:30 in the morning.

The court ruling explains that the only person present at the Derqui police station (Precinct 5) during that time was Assistant Officer Carlos Rodríguez. He was also the only person with the keys to the cell where Sofía was being held. He was also in charge of the nighttime inspections, during which, he stated at the time, he detected no irregularities.

Sofia's body was found hours later. According to the autopsy, she died of asphyxiation but showed signs of having been beaten, tortured, and sexually abused.

Protection for the police

In the last weeks of May, the plaintiffs filed a document expressing their opposition to the defense's request for expert witnesses. These were technicians currently employed by the same police force.

They are Ricardo Grubisa, senior commissioner and medical specialist in legal medicine; Fernando Maldonado, psychiatrist and specialist in legal medicine; Valeria Stingo, sub-commissioner and specialist in Criminology and Criminalistics; and Luis Vizcarra, qualified expert in photography and video and forensic of the Departmental Police Delegation of La Plata.

The police officers did not seek legal representation. It was the Buenos Aires Province Ministry of Security that provided them with four legal professionals.

Sofia's crime

Sofía was murdered between April 8 and 10 while in custody at the 5th police station in Presidente Derqui. The reason for her arrest remains unclear.

She was 36 years old and about to begin her nursing studies while she was legally changing her name. Her family learned of her arrest on April 8th and had tried to see her since then, but the police prevented them from contacting her.

On the morning of April 11, members of the Gendarmerie went to the house to inform them that they had found the woman dead.