The two main defendants for the double crime of deputy Héctor Olivares and his adviser Miguel Yadón, shot to death in May 2019 in the square in front of the National Congress, were found guilty of the crime of aggravated homicide by repeated treachery on two occasions and carrying weapon of war.
On the last day of the oral debate, the Oral Criminal Court No. 9 – made up of judges Ana Dieta, Fernando Ramírez and Luis Salas – sentenced Juan José Navarro Cádiz, 27 years old and the confessed material perpetrator of the shots, to punishment 45 years in prison and his cousin, Juan Jesús Fernández, 44, to life imprisonment as a necessary participant.
“I want to tell you that I never wanted to hurt anyone, much less kill anyone. I ask the families to please forgive me, ”Navarro Cádiz said this morning when he had the opportunity to pronounce his last words in court.
The hearing, as happened on the opening day on August 4 and during the allegations, was broadcast live on the YouTube channel of the Judicial Branch of the Nation. Due to the collections due to the coronavirus pandemic, the process was carried out in a mixed way, with some of the parties in person from the Palace of Courts and others connected via Zoom.
The two main defendants were Navarro Cádiz, 27, and his cousin Juan Jesús Fernández, 44, both members of the gypsy community.
Although this crime in the Penal Code is punishable by life imprisonment, the prosecutor had requested that penalty only for Fernández, while for Navarro Cádiz he requested 45 years of imprisonment: this occurs since Navarro Cádiz was arrested in Uruguay and extradited under certain conditions of the treaty between both countries, including the impossibility of being sentenced to life.
The prosecutor ruled out for this case the aggravating circumstance of “pleasure homicide” for which the case had also been brought to trial and which was assessed by the complaints of the Olivares and Yadón families, represented by the attorneys María Fernanda Prack and Mónica Mac Gaul, by asking for both alleged perpetrators the sentence of life imprisonment.
“Having not proven the determining motive for the action carried out by Fernández and Navarro Cádiz, it cannot be assumed that they did it for pleasure,” the prosecutor based on questioning that criminal figure in his plea.
The attack on Olivares and Yadón occurred on May 9, 2019, when the radical deputy for La Rioja and his advisor went out for their usual morning walk through the Congress Square. At 6:50, when passing for the second time in front of a Volkswagen Vento that was parked behind a bus on Avenida de Mayo, between Luis Sáenz Peña and Virrey Cevallos, they were shot several times.
Yadón was shot dead with three shots – one in the neck, another in the armpit and the third in the pelvis – while Olivares was shot in the abdomen that left him seriously wounded. He passed away three days later.
“The homicide was nothing more nor less than a shooting practice on two defenseless mobile targets, derived from the pleasure of venting the instinct to kill for no other reason than to test the weapon and its laser sight,” said the prosecutor Estela Andrades in her Lifting requirement to trial.
On the first day of the trial, Navarro Cádiz apologized to the families of the victims, confessed to having been the shooter but clarified that his intention was to fire a single shot towards an ombú in the square and by mistake a blast came out that reached the deputy and his adviser.
His defender, Pablo Pierini, asked that the shooter be sentenced but for the crimes of double wrongful death (without intention), or at least for murder with eventual intent, with a maximum penalty of 25 years.
On the other hand, Fernández’s defense, led by lawyer Oscar Moyano, asked for acquittal considering that the fact that his client was inside the car from which the homicidal shots started does not imply that he had either the will or the control of the In fact, because the episode surprised him, it lasted five seconds and had Navarro Cádiz as the only shooter.
In addition to Fernández and Cádiz –both with preventive detention– there are seven other defendants in the case. Most of them are direct relatives or close friends of the main defendants of the double crime, who were released at the trial. They are indicated for minor crimes such as possession or supply of weapons.
One of them is Felipe Quevedo, an antiques dealer from the city of Tandil accused of selling the crime pistol to Cádiz without the regulatory papers. Precisely at the hearing on Wednesday, his lawyer requested his acquittal, in agreement with the prosecutor Yapur.
The other defense attorney who alleged was the representative of Luis Cano, a friend of Fernández. In his case, the night of the incident he was drinking with him in the hours before the attack but he went home when Navarro Cádiz appeared. Later, as part of the investigation, they raided his home, where they found a revolver and he was charged with illegal possession of weapons.
Cano’s defense also asked for acquittal when they understood that it was a weapon that his client had inherited from his father and that, for not having done the papers, a sanction in the wrongful jurisdiction of the city corresponded in any case.
In addition to the four mentioned, the sisters María Rosa and María Argentina Cádiz Vargas, the mother and aunt of Navarro Cádiz, and Juan Jesús Fernández Cano, Fernández’s son, were also charged at this instance. The three are accused of having participated in the removal of the weapon from Fernández’s car, in Miter’s garage in 1444, and taking it to Navarro Cádiz’s house where she was kidnapped. All remain at liberty.
Another involved is Cádiz’s wife, Rocío Michel Montoya, accused of illegal possession of weapons, as a result of the kidnapping in the search of her home.
Finally, there is Miguel Navarro Fernández. It is about Father Navarro Cádiz and he was arrested in Concepción del Uruguay along with his nephew Fernández. At the beginning of the case, it was investigated whether he had also been inside the car at the time of the event, but later this hypothesis was discarded. He is free and charged with illegal possession of weapons, seized in the search of his home.