Finally, Eduardo Braun Billinghurst, Horacio Pozo, and Carlos Andrés Gallino Yanzi were sentenced to 7 years in prison
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The Brazilian Justice issued a verdict against the three former rugby players accused of the death of Ariel Malvino, which occurred in January 2006 in Ferrugem, a resort located 80 kilometers from Florianópolis. Eduardo Braun Billinghurst, Horacio Pozo, and Carlos Andrés Gallino Yanzi were sentenced to seven years in prison each. They must serve their sentences in Corrientes prisons.
The Jury Court of the Garopaba district found them guilty of bodily harm followed by death. The sentence, according to the Santa Catarina Judiciary, totals 21 years of imprisonment in a semi-open regime.
Sentence and delay in the process
The trial determined that Braun Billinghurst was convicted of attempted murder, while Pozo and Gallino Yanzi received sentences for injuries followed by death. During the process, the Sentencing Council modified the original accusation from murder to attempted murder, delegating the final resolution to a single judge.
Braun Billinghurst, Gallino Yanzi y Pozo, los tres condenados a Ariel Malvino.
The case extended over 19 years due to numerous factors. The constant appeals by the defense, the Covid-19 pandemic, and the complexity of coordinating Argentine witnesses and defendants complicated the procedural times. None of the defendants attended the hearings, and six lawyers represented them.
In a statement, Ariel Malvino's parents, Alberto Malvino and Patricia Martin, expressed their gratitude to those who collaborated in the case. They thanked the witnesses, prosecutor Mirela Dutra Alberton, and the Santa Catarina Public Ministry team. Finally, they dedicated a few words to their son: "Dear son, we promised you justice. That day has come. Rest in peace, beloved Ariel."
The crime of "the children of power"
Ariel Malvino, a 21-year-old law student, was vacationing with friends in Ferrugem when he got involved in a fight among Argentinians. In the early hours of January 19, 2006, he witnessed an altercation and commented aloud that the situation made Argentinians look bad.
That comment sparked the fury of Gallino Yanzi, who threw stones at him. Ariel tried to dodge the attacks, but Pozo hit him from behind with a punch to the face, causing him to fall against the stone ground. Taking advantage of his defenselessness, Braun Billinghurst picked up a 17.5-kilogram stone and threw it on his chest. The strikers fled, leaving the victim unconscious.
An ambulance took him to the hospital, where he died hours later. The autopsy revealed that the cranial trauma, caused by hitting his head on the ground, was the cause of his death. According to the Public Ministry, the impact of the stone on his chest was not the determining factor in his death.
Alberto Malvino y Patrcia Martin, los padres de Ariel y la lucha incansable por el pedido de justicia.
Witnesses identified the perpetrators, three friends from influential families in Corrientes. Due to their political and social connections, the media dubbed them "the children of power."
During the investigation, the Garopaba Police determined that the suspects were using a car owned by Lautaro Braun Billinghurst, Eduardo's brother, who was present but did not participate in the attack. Days after the crime, they returned to Corrientes.
In the trial, the defendants denied knowing Malvino and rejected having assaulted him. Over the years, the defense tried to stop the trial with legal resources, but they were dismissed. In 2017, Judge Elaine de Souza Freitas stated that the crime occurred for "trivial reasons" due to "a simple disparaging comment by the victim."
The convicted rebuilt their lives during the years the case was delayed. Braun Billinghurst ran a heavy machinery company with his brother, Gallino Yanzi founded a tourism venture in Bariloche, and Pozo worked in the family construction company. However, Justice finally caught up with them, closing a chapter marked by delays, impunity, and the struggle for truth.
