The court considered the homicide as 'preterintentional' and imposed minimal sentences on Federico Mellano and Federico Cabrillana
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Chamber of Crime number 1 of Río Cuarto issued suspended sentences for those charged in the death of Jesús Buffarini, aged 23. The young man died after being knocked down and hitting the back of his neck during a fight outside a nightclub in General Cabrera, in the early hours of April 21, 2024. Mellano and Cabrillana initially faced charges of simple homicide with eventual intent, but inconsistencies in the testimonies changed the legal classification of the incident.
According to the hearings, the fight began when Buffarini confronted Mellano over a conflict with his girlfriend, and then there were insults and threats via WhatsApp. Two hours later, the accused went to look for the victim in front of his house and started a physical altercation that ended in tragedy. Witnesses and videos show that Cabrillana got involved by pushing Buffarini, falling on top of him and causing the complete disarticulation of his cervical spine, which resulted in his death.
The court, presided over by Emilio Andruet, Nicolás Rins, and Carlos González Castellano, considered the incident as preterintentional homicide (without intent to kill). Mellano received six months of suspended prison for minor injuries and Cabrillana also received two years suspended, with both regaining their freedom immediately. The accused embraced their relatives as they left the court while the courtroom remained crowded with the public and the victim's family members.
La indignación de los familiares de Jesús Buffarini ante el fallo de la justicia
Reactions and immediate consequences
Buffarini's family expressed their pain and outrage at the court's decision and questioned the evaluation of the evidence presented in the process. "This is an injustice, these people will come after us and kill again, they didn't take any of our evidence," the father declared. The family's attorney, Victoria Albert, stated that they will study the grounds of the ruling to file an appeal and seek to overturn the minimal sentences.
Prosecutor Julio Rivero ruled out eventual intent and agreed that the young men could not have foreseen the fatal outcome, classifying the incident as preterintentional. For Mellano, he requested acquittal while for Cabrillana he requested two years suspended, in line with the sentence handed down by the court. The defense attorneys emphasized that the case could serve as an example of a preterintentional accident, where the fall caused the death without homicidal intent or anticipation of the fatal result.
The case file indicates that the argument began in the nightclub and continued in front of the victim's home, where the two accused engaged in a physical confrontation. Witnesses and records indicate that there was an exchange of blows and that Cabrillana fell on Buffarini, causing his death by cardiorespiratory arrest and disarticulated spine. The incident had a strong social impact in General Cabrera and continues to draw the attention of the community and local judicial authorities.
Jesús Buffarini murió producto de un paro cardiorrespiratorio y la columna desarticulada
Legal context of preterintentional homicide
Preterintentional homicide occurs when a person causes harm or injury without intent to kill, and the resulting death exceeds their initial intention. The law establishes lower penalties than for intentional homicide, considering the absence of deliberate homicidal intent. This case reflects the difference between the intention to injure and the fatal outcome, which led to minimal sentences and the immediate release of the defendants.
The court reasoned that contradictions among key witnesses prevented upholding the charge of eventual intent and changed the classification of the events. The defense argued that the death was unexpected because normally a fall doesn't cause death and that the victim broke his neck accidentally during the incident. Meanwhile, the prosecution and Buffarini's family remain alert to the development of the judicial appeal and the analysis of the grounds for possible future legal actions.
The decision caused controversy and debate in the city, while residents are calling for preventive measures to avoid violent conflicts in public spaces. Local media coverage highlighted the preterintentional nature of the case and the need to raise awareness about the risks of fights in public spaces. The case remains open, with judicial monitoring of the grounds and possible appeals filed by the parties involved.
