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Retired Argentine Officer Gets 8 Years and 6 Months for Killing Neighbor in Christmas Music Dispute

The defense plans to appeal, saying the jury was misinstructed on lesser offenses.

Overview

  • Judge Lucila Pacheco issued the sentence on December 10, 2025, and imposed a 10-year ban on carrying firearms.
  • A popular jury in November found Rafael Horacio Moreno guilty of negligent homicide and illegal possession of a war‑type firearm.
  • The shooting occurred on December 25, 2024, on Acevedo 4100 in Lomas del Mirador during an argument over loud music, and Sergio David Díaz, 40, died after being shot in the abdomen.
  • Investigators cited a viral cell‑phone video and witness accounts, and police seized a Taurus .38 revolver as Moreno surrendered and later told the prosecutor the gun “went off.”
  • Defense lawyer Francisco Oneto says the appeal will cite failures in jury instructions referenced in the Álvarez de Lechea precedent, while the victim’s family rejects the sentence as too light.