Home » Almost 10 years after the death of a young man at a party, there was justice and a questioned ruling

Almost 10 years after the death of a young man at a party, there was justice and a questioned ruling

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Almost 10 years after the death of a young man at a party, there was justice and a questioned ruling

“A national shame. A total disaster.” Those were the first words that Noemí Bongiovanni spoke alongside her husband Javier Mignola – parents of Francisco Mignola (19) – after learning of the three-year suspended prison sentence of Ricardo Mariano Carballo, responsible for the manslaughter after facilitating the young man a place to consume drugs.

The sentence was heard this Wednesday in the 7th Crime Chamber of Córdoba. The trial analyzed the death of “Pancho” Mignola after being intoxicated with cocaine, marijuana and ecstasy, among other narcotics at a clandestine electronic party.

The event occurred on October 26, 2014 at the El Silencio ranch, on the road to El Cuadrado (route E57) 13 kilometers from Salsipoders.

Francisco arrived after having consumed narcotics in two previous meetings and, after ingesting other drugs on the grounds of the mansion where the electronic party was being held, he collapsed mid-morning. He spent two hours convulsing in the middle of an uncontrollable crisis.

There was no ambulance, no doctors or the possibility of requesting help at the scene because there was no telephone, radio frequency or cell phone signal. The witnesses said they asked the organizers for help and did not provide it until two hours later, when Carballo took them by car to La Falda. According to a friend’s story, he left her with the victim at the hospital and returned to the event. “Pancho” died two hours later, while the party continued without interruption.

Verdict

The trial began on Wednesday with the absence in absentia of the other defendant, César Augusto Lombardi Santa Ana, who had told the court that he would return from Mexico – where he resides – and appear.

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It did not. His case is on the verge of statute of limitations, because the criminal prosecution supposedly expires on March 11. Despite the arrest warrant, it will be very difficult to bring him from a country that does not have an extradition treaty with Argentina.

Judges. The members Laura Hubermann, Patricia Soria and José Luis Cesano. (Nicolás Bravo / The Voice)

This Tuesday, before the arguments, the chamber prosecutor Sergio Ruiz Moreno reformulated the fact, understanding that the two criminal figures – facilitation of a place for drug consumption and manslaughter – had to be fully appreciated, as part of the same episode and not divided. For this reason, he pointed out that there is “ideal competition” between both qualifications.

In his new description, the prosecutor stressed that it was a “clandestine party in which “the free consumption of narcotics” was encouraged. He also highlighted the delay in providing assistance by the organizers, whom he accused of “having omitted to hire an ambulance service with medical personnel.”

Already in his argument, the prosecutor asked for three years of prison conditions for Carballo. It was the sentence that the defender Sergio Villar adhered to and that the court finally granted in its sentence.

Then the representatives of the victim’s parents, Leandro Ortiz Morán and Miguel Ortiz Pellegrini, presented their conclusions. The first requested a loss of chance of 40,480 pesos for each of the parents, plus interest; 18,873,333 pesos for moral damages to each of the parents and to “Pancho’s” sister, who did not attend the trial due to her psychological deterioration.

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Regarding this section, after the rejection of the civil lawsuit of the defender Gabriel Carballo (brother of the accused), the court did not admit the item “loss of chance” and accepted that this accused pay each of the three debtors 18,783,333 pesos, for which he issued a general inhibition of assets, as Ortiz Pellegrini had requested.

Accusers. The private plaintiffs Leandro Ortiz Morán and Miguel Ortiz Pellegrini and the prosecutor Sergio Ruiz Moreno. (Nicolás Bravo / The Voice)

What the court did not accept were the accusations against the person who sublet the El Silencio ranch to the two organizers, José Luis Saieg, assisted by Milton Parola. The claims of the complaint to make him jointly responsible for the civil lawsuit and to send his records to a prosecutor to investigate him as co-responsible for the events that ended in Mignola’s death were rejected.

Discontent and outrage

In addition to the unease experienced by Francisco’s father and mother, both lawyers assisting the family expressed their rejection of the court’s decision.

Ortiz Morán, after hearing the verdict, described the decision as “a scandal.”

He added that they will wait for the reasons, but estimated that they will reject the decision.

“Once again, the Judiciary turns its back on society,” he said. “With this sentence, the only thing that is done is to promote a scourge like drugs, which has been hitting youth with this type of organizations and events that lack any type of controls.”

Parents. Noemí Bongiovanni and Javier Mignola, the victim’s parents, followed the trial and ended up disappointed. (Nicolás Bravo / The Voice)

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His father, Ortiz Pellegrini did not spare the court from criticizing. “By handing down the sentence, the Chamber sets a precedent for holding clandestine electronic parties without any type of precautions or control.”

The plaintiff for the Mignolo added that “with this precedent, one can have a clandestine party without any type of control or authorization and, if someone dies, you are guaranteed that you will not go to prison.”

Later, Ortiz Pellegrini speculated: “I imagine that ‘Fight Against Drug Trafficking’ will have to say something after establishing a place for drug consumption does not have any consequences for the freedom of those responsible, even if a person dies.” ” at that event.

For his part, the defender of the criminal accusation against Carballo, Sergio Villar, expressed his agreement with the result of the debate and told La Voz: “It is not that I am happy with the ruling, but as a defender, I considered that the most responsible thing to do was to adhere to the prosecutor’s position.”

“It seemed to me that it was the most correct thing to do. The incorrect thing would have been to ask for acquittal when at trial the evidence had proven the guilt of my client. But not the fraud,” Villar clarified.

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