Thomsen broke the silence.
Maxim Thomsenone of the eight rugbiers accused of the crime of Fernando Baez Sosadeclared this Monday for the first time in the trial for the case, asked for “apologies”, said that he “never” had “intentions to kill someone” and that he reacted “by kicking” before a “pineapple in the face”, when time that he recognized as his own the shoe with the victim’s blood and that left his mark on the face of the murdered young man.
“I want to apologize mainly because never, never in my life would it have occurred to me that I had the intention of killing someone. I never in my life had that intention and I want to apologize.”the defendant maintained this Monday afternoon when declaring for almost an hour before the Oral Criminal Court (TOC) 1 of Dolores, in charge of the debate.
It was Thomsen himself (23) who asked to speak at the venue after listening to his mother, Rosalia Zarate and break.
“I never in my life had the intention of killing anyone because I have been hearing every day that I organized, that I am a leader,” he insisted and after his release he recalled what he did with his friends in the hours before the crime when they started going to “eat at a place that had promotions” and agreed to buy “ticket in advance” to go dancing at “Le Brique” .
The facts, according to Thomsen
“We got ready to go to the beach and I remember that we took two refrigerators and that we had to go far from the center because the operation was on and they wouldn’t let us pass. We started drinking, we put on music and when it was already getting dark we were already half blowjobs,” he recounted.
Later he said that he stayed in line at “Le Brique” to guarantee tickets because they had not been able to get tickets the day before.
The defendants barefaced at trial.
“I went home with the ten tickets that each had a drink, we continued to drink and we began to prepare to go to the preview. We each took a bottle,” he said, referring to the “preview” was in another house where ” there were many acquaintances” and from which between 3:30 and 4 they went to the bowling alley.
“I was the first to enter and I went directly to the bar to change the drink,” he continued, recalling that security employees later removed them by force.
Once on the street, the defendant said that he felt “a pineapple hit him in the face” and that he reacted by “kicking.”
“I don’t know who, I don’t know where, I’m sure I’ve kicked one or two, but never with the intention of killing anyone”he explained and added that after these attacks they left the place.
Moments later one of his friends arrived and told him: “I think it ended badly”, to which he said: “How? Maybe you are confusing yourself with another of the fights, if they were seconds… It was the blink of an eye.”
The prosecutor’s questions Thomsen answered
After his exposition, the defendant agreed to answer questions from the prosecutor Gustavo García, but only referring to him and not from other people.
This is how he recounted that at the exit of the bowling alley he saw “a large group of boys with a friend, as if they were going to confront each other” and that as they approached it was when he felt “a blow to the face.”
⚖️ Trial for the murder of Báez Sosa | A friend of Thomsen and Ciro Pertossi declared that he saw them next to Fernando’s bodyhttps: //t.co/ddTwP5T2nR
– Télam Agency (@AgenciaTelam) January 16, 2023
And when asked by the prosecutor to identify who he saw in one of the videos of the event, Thomsen said: “I am not”and did not agree to answer who it was.
They then asked him if he knew who was being beaten in the video and he replied: “Today from everything I saw, I know it’s the victim.”
-What did you do? – inquired the prosecutor.
–When I entered the round and received the blow and kicked or two, I didn’t know who or how. At that time he did not know who he had hit.
“I never in my life had the intention of killing anyone because I have been hearing every day that I organized, that I am a leader.” Máximo Thomsen
– Did you hit that person who is on the ground?
–I do not know.
– Was this person down, was he standing?
-I don’t remember. At that moment he was in shock, Thomsen said, referring to his previous expulsion from the club when he felt that he was “suffocating” from the way in which the security employees of the premises took him out.
The prosecutor asked him again if he recognized that he was in the video, but the defendant replied that he only entered the round kicking.
For this reason they consulted him about the kicks and the defendant explained: “I said maybe one, maybe two, but I don’t remember.”
And he reiterated that he was not going to answer questions referring to other people.
Next, the prosecutor asked him about some clothes found inside the house where he was detained along with the other defendants, if they belong to any of them, and before each photo they showed him, he said: “It’s not mine.”
– Is that shirt yours?
-I do not remember.
However, the defendant did recognize the shoes that, according to the experts, had the victim’s blood and left marks on Fernando’s face.
–Are those Cyclone brand shoes your property?
-They are mine.
Photo: Diego Izquierdo.
-Was it the one you used on the night of January 18, 2020?
-Yes.
While, in another section of the interrogation, the prosecutor Juan Manuel Dávila intervened:
-Does the person on the floor notice if he had any reaction?
-At that moment I did not look, I did not pay attention. I looked up.
-In the videos that have been going on for twelve days, was someone reflected who has hit you?
-I didn’t notice.
A on turn, Fernando Burlandolawyer for Fernando’s parents, took the floor to ask.
“I don’t feel comfortable responding to a person who insulted me a lot, insulted my mom,” Thomnsen said when the lawyer wanted to start questioning him.
Why did you change clothes? – asked Mocking.
-I’m not going to answer.
The lawyer also wanted to question him about what they did afterwards with other defendants, such as going to McDonald’s to eat.
-I’m not going to answer.
Faced with this situation, the president of the court, Judge Claudia Castro, finally intervened to remind that the defendant has the right not to respond.