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On November 27, the trial of Sergei Yaros, aged 35 and accused of violence against police officers, opened in Brest. The resident of Brest, who was on the dock, did not admit his guilt and insists that he did not beat the police – they are his own.
Sergey Yarosya He was taken to the courtroom under escort. Since October 15, he is in custody. On the other side of the lattice is the 30-year-old friend Sergei Alexander Gutkowho also pbades the accused but was not in custody.
Two victims of the Department of Internal Affairs of Leninski District act as victims during the trial: George Osinkin and policeman-driver in operational service Yuri Matviychuk.
The incident, which served as a pretext for the trial, took place on September 11th. That day, Sergey and his friends rested on his land in the private sector of Brest. The company is located at a table near the fence, in the most remote corner of the territory: the barbecues were fried, discussed, drank. Around 6 pm, Sergey's neighbor called the police to complain loud music.
"He laid a log on his shoulder and hit it like a spear"
Injured neighborhood George Osinkin In court, he stated that on September 11, he had arrived with policeman Yury Matviychuk at Sergei Yaros' house following a neighbor's complaint about loud music. After a conversation with a woman who applied to "102", they approached Sergey's goal.
– The door was open. We hit, but no one reacted and we walked in, explained the local policeman.
According to the police officer's memoirs, communication with others was not required: the interlocutors answered their questions with defiance, sometimes – in an obscene way. Matviychuk recorded what was happening on the cell phone camera, which angered young people.
– Yaros went to Matviychuk's house and stabbed him with an arm stroke, knocked him out of the cell phone, and then tried to shut the cell phone's camera with his chest. At the same moment, Gutko approached me and took me in both hands like a uniform: one hand by the collar, the second by the bad pocket. I tried to escape, but it did not work and they started to push me to the door. I still escaped the handle, turned around and had a push in the back. Together with Matviychuk, I headed for the fence and after a few steps, I was pushed again. We had to leave the territory, said George Osinkin.
Outside the door, the district police officer called the duty officer and asked for help. A few minutes later, the security service was held.
– Returning to the fence, I knocked several times and I asked that the gate be opened – it was closed this time. In response, an obscene language was heard from the other side. The music was still playing. We hit-slapped, but no one opened. Then I climbed the fence and asked for the door to be opened. Yaros said that if I went up, he would hit me. There, of course, was with obscene language. That is, it really threatened me. But I did not even have time to climb or go down, and I was already followed by a bar.
According to the district police officer, while he was hanging at the fence, Sergey Yaros made a grimace and stabbed him to the side.
– What does jogging mean? – clarified the judge.
"He laid a wood on his shoulder and hit it like a spear," explained the victim.
After that, the speaker climbed the fence up to the Yarosya site. Then the accused threw him the bar he was holding. The beam touched Osinkin in the forearm and left shoulder. Then Yaros took a wooden stick.
– I took out a gun, I sent it in their direction and ordered me to stay on the ground. But they still moved in my direction. Then I shot a shot in the air. After the shot, I again told everyone to stay on the floor. At that time, security personnel were able to enter the territory, "said Osinkin.
Then the police arrested Yarosya, Gutko and Bogush.
The polling station answered questions of clarification of the accused's lawyers in some places. He could not remember certain details of the incident, but he explained the contradictions with the testimonies he had given earlier, with stress, pressure and partiality on the part of the investigator, initially responsible for investigation.
– On the original territory of Yarosya, when I was really obliged to testify on the spot, I complained to the office with a complaint and I also attached a recording of my interrogation, where the investigator had expressed obscenities about me. All of this is proven. – The investigator was fired, said the victim.
"We saw a police officer filming while video"
The accused of this version of the events are not in agreement. According to Sergey Yaros, with a neighbor who called the police, he had a tense relationship and she repeatedly called on several occasions with complaints about him:
– I lit a brazier – she calls the Ministry of Emergency Situations. They brought me sand – I called a sanstantion. I put food in the microwave to warm me up – call the police …
On September 11, Sergey and his friends grilled kebabs on his plot. The music was playing from a small speaker connected to the laptop.
– We sat back to the door. At one point we noticed that the police were coming to us. They explained that the neighbor had called the police because of the fact that we had loud music, said Sergey.
The accused explained to the police that there had been no complaints from his neighbors. He listened to music on his station during the day and therefore did not understand the essence of the complaints.
"What the policemen told me," If you are so smart, then we will take you with us to the Leninsky District Police Department and we will investigate there. "At that point, another employee (Matviychuk – Approx TUT.BY) started shooting at his mobile phone and I said," Guys, we're not here to have conflicts. all adults.If someone plays music out loud for someone, then I'll turn it off. "Then we saw a policeman filming everything on video. We rebelled again: "Why are you shooting? We sat in front of the door, a two-meter fence, did not touch anyone, nothing broke us, and you came to tell us that the music was loud and that it was filmed in video. At the same time, no one has warned against shooting videos, "said the accused.
In court, Sergey testified that he tried to close the police officer's cell phone with his hand and that he again asked them to leave the station. The accused pointed out that none of them had applied violence to police officers. When the policeman and the driver left the door, Sergey went to turn off the music:
– I removed the column, folded the laptop. Bogush went home with me and Gutko stayed in the street.
After a while, Bogush at the window noticed a police station sitting on the fence of a neighbor.
– I went out, I went to the side of the door. The meter did not reach 3-4, the gateway opened – and security service agents in masks, machine guns and bullet-proof vests rushed. I sprayed spray on the face. At that moment, a shot rang out. Then I did not see anything because my hands were broken, they were lying on the ground and they started to hit me. They broke three ribs, "said Sergey.
Sergey is not guilty of violence against an employee of the internal affairs agency. In court, he pointed out that he had not hit the police. The accused suggested that Osinkin could have been damaged when he jumped off the fence in his yard. There were boxes of construction debris under the fence, on which wooden bars rested.
– The width of the boxes is about 60 centimeters. A bar of two meters protruded in both directions. After jumping out of the fence, the officer could walk on one end of the bar and hit him on the other side – they were lying in drawers, like a swing – says Sergey.
"If we cross them, they'll just take us into the room"
The second accused Alexander Gutko, in court describes a similar picture. According to him, on 11 September last year, they did not violate public order; they were therefore indignant that the policemen, without invitation, had come to Sergey's post.
– They explained to us that they had received a call from us because of loud music. We said, "Well, you hear how she plays – rather moderately." They began insulting us, "You're going to teach us how to work!" We started being outraged, saying we were resting in the afternoons, in private territory – and we were interfering with nobody. They began to express their discontent in a rather unpleasant form. Let's say that if we contradict them, they will simply take us with us to the ministry, "Alexander Gutko said.
The Accused pointed out that during the communication Matviychuk had taken out his mobile phone and, without warning, had started shooting a video, which had also angered the men. The conversation was tense, but the parties nevertheless reached a consensus: Sergei promised to turn off the music and the police left the fence. A few minutes later, Alexander, standing in the street, heard a knock on the door. The accused entered the house to report this to Sergey. When Alexander went out into the yard, he saw on the fence of the district policeman:
– He had one leg on our side, the second – on the street. We started to feel. C & # 39; [участковый] pulled out a gun, told us: "Stand." After that shot a shot in the air. And that's all. The doors opened: either they were knocked out, or someone opened them … Dogs came in, we stung in the eyes [баллончиком], knocked out, says Alexander.
Alexander does not admit either his guilt in the violence against employees of the body of internal affairs.
– No one touched them.
The trial continues
After the detention, the guys were taken to the ROVD. They spent the night in a cell and the next day they were taken to the court, which declared the three guilty of disorderly conduct and fined them 230 rubles each. As stated in the resolution, the drunk guys against hooliganism were motivated to be obscene, shouting for no reason, listening to music out loud, not reacting to remarks.
After the trial, they were again taken to the Leninsky District Police Department and released. On the same day, Sergey Yaros requested medical badistance at the hospital. He complained of injuries he allegedly sustained during his arrest.
According to the expert, Sergey suffered less serious bodily injury (based on the duration of the health disorder – for a period not exceeding four months). He was diagnosed with left and right rib fractures, as well as bruises and abrasions on his head, torso, arms and hips.
More than six months after the arrest, on May 7, 2018, the department of Interdistrict Brest investigative committee opened criminal proceedings for abuse of authority or public authority, which was accompanied by violence.
According to the decree relating to the opening of a criminal case, unidentified persons among the employees of the ATS Leninsky district administration in Brest and Leninsky department of the department of Ministry of the Interior were acting deliberately, without any official need, by imposing numerous sanctions on various organs. they used violence against Sergey Yaros, causing less serious bodily harm.
The suspects recognized Osinkin District, the police officer Matviychuk, as well as their colleague, who participated in the arrest.
The criminal case of abuse of powers by the police has not been brought to court. He was arrested on September 30, 2018 "for lack of corpus delicti".
Jaros and Gutko less fortunate. At present, they are accused of violence and threat of violence against an employee of the domestic courts in order to harm his lawful activities. The sanction of the article provides for the arrest, a restriction of liberty of up to five years or a prison term of up to six years.
The examination of the criminal case will continue in the district court of Leninsky in Brest.
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