At the same time, the taxi driver is dead, the accused is released free

Jorge Gómez (52), the Ensenada taxi driver who was savagely beaten last Wednesday in Ensenada, died yesterday at 16:15 at the Cuenca Alta Hospital in Cañuelas. Simultaneously, the accused of committing the bestial murder was again circulating freely, without any hindrance. In fact, it is very likely that today, any citizen can cross any street in the region driving a vehicle, except for the luxurious Amarok VW vehicle that was in the lead during the senseless attack because this truck was sequestered in the case as one of the elements of the evidence that will serve to reconstruct the evolution of the facts in the court file.

In this sense, yesterday the judge of the Guarantees of Money Juan Pablo Masi, although he partially took into account the request for detention formulated for Esteban Oscar González Zablocki (27) and denied an order of Prison exemption presented by his defense, the capture is for the moment suspended until the "double compliant" is met.

Legal spokesmen said that this meant, strictly speaking, that the accused for this crime could remain free until the denial of imprisonment – as of right – was handled by the House of Representatives. calls and guarantees from our city.

"The arrest warrant is suspended, at least until the House is released"

They also indicated that in order for González Zablocki to be imprisoned, the appeal must not only confirm the refusal of the exemption, but expressly state that once the dual proceedings have been served, the detention must be executed.

"If this is not the case, the accused could remain free if a new appeal was lodged with the Buenos Aires Criminal Court, even before the provincial and national courts, because Judge Masi had the the widest criterion for a resolution of this nature to remain in force, that is to say that all recursive instances are exhausted, until in some higher courts – as has been said – it is expressly stated that the arrest must be ordered ", explained judicial sources.

In any event, the Chamber would only deal with the procedural situation of the accused next week, because before remitting the proceedings on appeal, the prosecutor must specify a new arrest order with the new officer. investigation of the homicide committed and inquire about it. new

discrepancies in the crime

In his arrest warrant, La Plata prosecutor in charge of the investigation, Juan Mennucci, had presented the case as a "treasonable homicide attempt", and to establish the violent nature of the accused, he evoked a similar antecedent: he would have played in Mar del Plata, and of which a young berissense was victim (see separate note).

However, Judge Masi understood in his resolution that "the necessary characteristics are not met to configure treason, that is to say to act treacherously and the badurances used by the alleged perpetrator of the act ".

"The physical superiority of the accused summoned by the prosecutor is not sufficient to configure" the betrayal, explained the judge, who, on the basis of these arguments, led to the arrest of the Accused for the crime of "attempted homicide".

new request

Last night, at the end of this edition, the prosecutor issued a new arrest order with the new legal framework (probably an aggravated homicide within the meaning of Article 80, paragraph 2 of the Criminal Code), the Guarantees Judge, as a precedent to the new Indagatoire

It should be mentioned that the crime of simple homicide is punishable by 8 to 25 years in prison, while that aggravated by treason envisages perpetual punishment.

In the first investigation yesterday, the accused, on the advice of his lawyers, Juan Gabriel Mendy and José Luis Villada, remained silent. Later, González Zablocki was officially prosecuted.

From the prosecutor's office, between 56 and 57 years old, he was brought back to the police station, where he was released, out of 61 between 12 and 13 years old. He was released due to the exemption from the prison sentence handed down before his arrest by the first defense attorney who took the case, Julio Beley.

While all this procedure was going on in court, at the Cañuelas Hospital, Gómez has been fighting for his life. The medical report made public around noon indicated that the taxi driver was receiving "respiratory support and hemodynamic support" and that he had suffered "closed brain trauma". The most discouraging data was discovered a few hours later when it was confirmed that Gómez "was brain dead" and that this state "was irreversible".

Finally, the most heartbreaking news was unveiled to the family and friends of the taxi driver, who, despite the sadness and anger, gave way to empathy and donated Jorge's organs, did not he? -on officially announced.

The incident occurred at 6:30 am Wednesday, after Gómez arrived at the El Dique taxi stand where he was working and, after answering a call, went to the Chevrolet Corsa that He was driving to start the job. After walking a few blocks, he reached the corner of 126 and 50, where he met an Amarok truck driven by González Zablocki. There was no shock; not even a contact. Only a bad maneuver of one of the two, who came out of the vehicles. A few minutes later, González Zablocki returned to his and left the scene. Meanwhile, he had brutally beat Jorge Gómez. This can be seen in the video that published this diary a few hours after the attack.

On the images, you can see how a man falls to the ground after being hit on the face of the driver of Amarok. The sequence continues, the last dipping on the taxi driver before the astonished look of other pbading drivers. And they did not intervene. In the seconds that follow, you can see how the subject that submits the taxi driver discharges near a dozen blows to the face.

"A legal delusion"

Last night, the prosecutor appealed the decision of Judge Masi, calling for a review with grant appeal, without proceeding with the arrest of the accused.

Among the basic principles, Menucci felt that "the defense with the backing of the Court guarantees, if you want an involuntary procedure, manages to achieve the libertarian effect by the rejection of an institute that has never been designed for this purpose.Next note the absurdity of the case, where there is no room for the exemption from imprisonment but where freedom is This, no matter what it tries to justify, contradicts the most fundamental norms of the logic and rationality of legal operators and is perceived by society as a legal absurdity of justice that "guarantees delinquents ".

For these reasons, the prosecutor asked the judge to reconsider his decision to leave the accused at liberty and, in order for the case to be upheld, to refer the case back to the Chamber for consideration. she badyzes the proposal of the prosecutor.