The young man was under the influence of alcohol, according to his friend, who also testified in the case, they drank two bottles of rum. An autopsy later showed two percent of alcohol. The young men got into a fight with other young people, allegedly to defend the young lady during a conflict with her boyfriend. A two-man patrol of constables noticed this and went to solve the fight.
At first they calmed down the situation, but later the hit man returned to the pair and it looked like another fight. Constable Miloš Nusl did not dare to use only grabs and pulled out a stun gun on the tall young man and fired a spray. He hit him in the neck. After being hit, the young man knelt down so that the officer could put handcuffs on him, but he immediately fell to the ground and began to bleed profusely.
“When I saw the blood, I knew there was trouble,” the officer previously stated. He began to provide first aid to the victim, but the man had a damaged carotid artery and even the called rescuers could not help him. The man died in hospital.
It was not the purpose of the intervention, defended the police officer accused of killing the young man with pepper spray
The public prosecutor suggested that the constable be sentenced to 2.5 years in prison, suspended for three years, for manslaughter. On the contrary, the defense attorney suggested acquittal, because according to him, the police officer did not violate any duties.
The public prosecutor was based on the fact that the policeman shot from thirty centimeters and thus violated the rules for the use of a weapon. But no one could accurately determine the distance during the make-up. “All witnesses, except for two police officers and the only female witness, were under the influence of alcohol,” pointed out judge Michaela Kalná.
On Tuesday morning, an expert from the field of ballistics was still questioned. “I cannot explain what could have caused the open wound on the victim’s neck and how the artery was torn,” said the expert. If a fragment of the capsule was fired from the spray capsule, the blood washed it away, nothing was found in the wound. During test shots from different distances, even at the lowest half-meter, the skin did not tear. When shot from 1.5 meters, however, the ejected spray tore through the paper target.
A freely available weapon
It turned out that the problem was apparently with the weapon’s inclusion. It is in the category where it can be sold over the counter, it does not require any training and can be used just like other pepper sprays and regular stun guns after reading the manual. The guards were still trained and the weapon was part of their normal equipment.
“The manufacturer’s manual says aim at the face, so you can’t blame the defendant at all if he aimed at the face. It also says not to shoot in the face if you’re not sure of a safe distance of 1.5 meters, but the client wasn’t even aiming for the face or eyes. It follows from all the evidence that he could not have aimed higher than the neck, so negligence cannot be inferred from his actions,” said the defense attorney.
The fifty-four-year-old policeman himself went through Tuesday’s meeting without saying a word.
The judge stated that the officer did not violate his duties. “He intervened in accordance with the Municipal Police Acts to prevent disturbances. He had handcuffs, a gun, and grapples at his disposal. The defendant could not have foreseen that he could cause such a consequence, which was caused by the use of a weapon that was a regular part of equipment,” added Judge Kalná, when justifying the acquittal.
Relatives of the dead young man left the courtroom almost without a word. “This is wrong,” they mumbled only as they left.
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