The defenses of those investigated for the aggression during the San Mateo festivities in Oviedo, Eduardo Estrada, Santiago Estrada, Ernesto Tuñón, Alejandro Álvarez-Buylla, and José Manuel Fernández, argue that the reported events lack ideological motivation and do not fit into a hate crime. They have described what happened as "a nighttime incident" in which the "first push" would have come from the militants of AMAS Asturies and the complainants, Rubén Rosón and Jorge Fernández.
In statements to the media outside the courts, the lawyers have indicated that the five detained this Wednesday have declared to offer their version of what happened and of the images collected in the police report. In their opinion, the altercation originated from "a specific episode, an isolated event" linked to alcohol consumption at the festivities, without any "political background" whatsoever.
"There is no hint in any case of a hate crime, there is no type of ideological component or repression against anyone for their ideology," stated Ernesto Tuñón, emphasizing that among those involved is a young person with leftist ideology and another participant of Latin origin. In that line, the defenses deny that the accused shouted fascist slogans or greetings and emphasize that there is no image that supports those accusations.
According to the legal representation, in the recordings from the municipal cameras, it is evident that, after the removal of a banner from the LGTBI collective by one of the detainees, who is on Erasmus in Italy, it was the complainants themselves who began to push several of the young people.
Tuñón maintains that "with a little bit of tact" the assaulted Rubén Rosón and Jorge Fernández, who are "older people with an academic background," could perhaps "have managed it differently and not perhaps push or not perhaps face the outcome that ultimately occurred."
Profile of the investigated and precautionary measures
The lawyer José Manuel Fernández has described his clients as "normal and ordinary boys, sons of any normal mother" although, as he pointed out, "from a political point of view, it is interesting that they are fascists." "But they are not," he insisted, labeling the origin of the conflict as "hooliganism."
"When someone is doing a prank or whatever type it is, if one sees it and is affected, maybe the correct thing is to say: I am going to call the police or confront him or say something to him, but not to specifically start a brawl," the lawyer has argued.
On the procedural level, the defenses have rejected the precautionary measures proposed by the Prosecutor's Office, which include biweekly appearances in court, as well as a restraining order and prohibition of communication of 200 meters regarding the complainants. They have detailed that the case is being followed on an indicative basis for an alleged hate crime and crimes of injury.
Likewise, they have explained that the police investigation remains open, as the participation of more people who have not yet been arrested is being investigated. In relation to the investigated individual who is in Italy, the defense is considering the option of him testifying by videoconference to avoid a trip that they consider detrimental.