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They were boyfriends. The shots were intentional. And there was no mitigation of gender violence. Upon hearing his verdict, the judges of the Gualeguaychú Court ruled the three key points discussed at the trial, which determined, unanimously, that the young woman had been sentenced to prison perpetua .
With the shout of "Perpetua" and "Justicia" the inhabitants of Gualeguaychú concentrated in the center of Gualeguaychú to demand that Nahir Galarza be condemned. The court finally agreed with them.
Throughout a month of hearings, three codes emerged which, precisely, determined the historic condemnation that Galarza received on Tuesday
Victim. Fernando Pastorizzo was 20 years old
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It was fundamental to define what was the relationship between Nahir and Fernando . The judges took for granted that they were boyfriends, as claimed by the lawyers of Pastorizzo's parents and the prosecutor. That is why Nahir was sentenced to the penalty provided for in Article 80 of the Penal Code, in paragraph 1:
perpetual imprisonment or life imprisonment will be imposed, to which he will kill his ascendant, descendant, spouse, ex-spouse, or the person with whom he has or maintains a relationship of couple, mediation or non-cohabitation .
Throughout the trial, the lawyers of the young The girl tried to argue that Nahir and Fernando did not go out together, but had an occasional relationship. "We were not boyfriends, we never went there, I do not know his parents or I go out with his friends, we only saw each other at dawn to have bad, "said Nahir in his statement to the judges.
Nahir, leaving one of the hearings (José Almeida
The girl said that was blocked and unblocked all the time on the networks, and that "last year, it got worse." She told me bitch, desperate, bitch, if she saw me with someone that she would m <font color = "# E5E5E5"> </ strong> caught by the hair, she would scold me why I saw myself with other guys. "
The defense of Nahir also tried to show that she had relationships with other young people, to discredit the supposed romance with Pastorizzo. One of the young men who went to trial as his "official" boyfriend, Rafael, denied being in a relationship with the girl: "We are friends with rights."
Nahir's mother, entering the courtroom (José Almeida)
Relevant information to determine whether Pastorizzo and Galarza were boyfriends was the trip to Brazil that the boy made with Nahir's family. Yamina Kroh, her mother, insisted that Nahir never introduced her to Fernando as her boyfriend. And she explained why she traveled with the Galarzas to Rio de Janeiro: Nahir asked her to invite her friend Sol Martínez to those holidays, but because the girl was a minor and did not have permission to her parents, she could not go. "That's why at the last moment Nahir tells us" Ma, can I take a friend? "" Yes, who is it? "Fernando," he said. "He never went home, he never brought it, he never introduced me as his boyfriend ," he said. [19659019HedidnotreachthisstrategytoconvincethejudgesofNahirandFernandoboyfriends Thus the sentence for the crime was aggravated by the bond .
Pastorizzo with Galarza, on vacation in Rio de Janeiro
] Accidental shooting
What was played at this stage is whether Nahir had a Penalty for Willful or Guilty Homicide According to the complainants, Nahir planned to kill Pastorizzo and took advantage of his helplessness.According to the defense, both shots were accidental. The jury chose the first job
Nahir with his lawyer during the trial
(José Almeida)
In his second statement after the crime, Nahir said that at home, Fernando caught her by the hair and beat her, and that she took the weapon of Nahir's father, a policeman who was on the fridge. . "Look at the iron that your old man has," he said. They left and got on Fernando's bike. "He started going very fast, he scared me," Nahir said. And he badured that when he turned a corner, the bike staggered and she pulled out the weapon. Then, he says, he was killed by accident . The girl said that "I was like a fool" because of the noise and leaned to see how was her boyfriend. And that, then, the weapon was pulled again by accident.
Javier Azcué, ballistic technician of the police of Between Ríos, rejected the version of Nahir (José Almeida)
The chances of the first shot were involuntarily of "a 50 and a 50" said the expert, but he ruled out that the second shot was also accidental: "I have known or witnessed cases of accidental shots. At this moment, the person releases the weapon, falls, scares. "
The decision made it clear that Nahir fired with the intention of killing Fernando.
The Possible Mitigation
This was the last map that he was playing The Nahir's defense: an attentive one that could reduce his grief A similar case occurred with Susana Freydoz, wife of Río Negro governor Carlos Soria.In this scenario, it was suggested that the girl wanted to kill Pastorizzo, but because she was a victim of gender violence .
Mahhir's mother also claimed that her daughter was a victim of Pastorizzo, who saw a crotch hit that the young man had given her, and that her daughter asked her not to tell anything to his father because "imagine how he will carry it."
Sol Martínez, Nahir's friend Galarza, said that Pa Storizzo had beaten him. (José Almeida)
And in declaring, Nahir badured that Pastorizzo was violent, that he was drugged, that he was harbading her and forced her to do the same. love "even though I did not want it, he hurt me intimate areas." She also reported that once dragged her to the ground at the exit of a bowling alley, and she was "with all the raw leg". "I did not tell anyone because I was ashamed," he said about why he had never revealed the so-called genre violence that he had suffered.
The parents and friends of Pastorizzo's violence was it . One of the young man's friends showed at trial a photo of the boy with beaten eye, after a beating that Nahir and his friend Sol would have given him at the exit of the Bikini bowling. And Fernando's mother also said at the trial that a neighbor had told him that he had seen "how the girl beats your son and how he abuses him."
The jury finally ruled out that gender-based violence acts as a means of mitigation and applied to Nahir the most severe punishment provided by the Penal Code: life imprisonment
This represents in practice at least 35 years of effective execution .
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