The Shcherbinsky court of Moscow, at the request of the ICR, sent the brothers Eljan, Elkhan and Farmaz Hasanov, as well as their friend Araz Musayev, into custody for two months, who, according to the investigation, attacked two men and a child of one of them in New Moscow on November 4. By order of the head of the Investigative Committee of the Russian Federation, Alexander Bastrykin, we recall that the case is being investigated under the article on attempted murder, since the victims claimed that they saw a knife in the hand of one of the attackers. However, the defendants themselves deny this, admitting their guilt only in hooliganism. And one of the lawyers said that in the hand of his client was a wrist expander, which, probably, was mistaken for a knife.
Four participants in the fight that took place on November 4 in the Moscow district of Novye Vatutinki (New Moscow) were brought to court at about 15:00. Since tough anti-epidemic measures continue to operate in the capital, only the participants in the process were allowed inside: an investigator of the State Investigation Department, a representative of the prosecutor’s office and lawyers of the accused. For the accused in the case, the measure of restraint was chosen for the first time, therefore, the investigator’s requests to take them into custody were considered separately. As a result, the judge on duty had to conduct the proceedings until evening.
Demanding the arrest of the accused Hasanovs and Musaev, due to whom the 31-year-old Moscow resident Alexander Zhilovnikov with his young son, as well as his friend Nikita Utkin, suffered, the investigator noted that four defendants are accused under Art. 30 and part 2 of Art. 105 of the Criminal Code of the Russian Federation (attempted murder committed by a group of persons), and this crime is particularly serious. At the same time, the investigator noted that after the interrogations of the accused, the victims, as well as the study of video recordings from surveillance cameras and amateur video recordings made by a passer-by Stepan Shimko, the investigation concluded that the accused were deliberately provoking two friends. True, it is still not completely clear what caused the conflict. But it is known that that evening the attackers and victims had not one, but two meetings, which ended in fights. The first occurred near a store where Mr. Utkin, at the request of a friend, went to buy juice for the latter’s 4-year-old son.
Both sides blame each other for provoking the clash, with the victims saying that one of their opponents lightly hit the four-year-old boy on the cheek, which led to the first scuffle.
At the same time, Nikita Utkin, like his friend Zhilovnikov, claimed during interrogation that they saw an object resembling a knife in the hand of one of the opponents. Then the victims managed to fight back, since there were only two opponents.
However, after 20 minutes, four young men had already overtaken near the pedestrian crossing on the way to the house of Messrs. Zhilovnikov and Utkin. As can be seen on the video surveillance recording, Nikita Utkin rushed for help in the direction of the nearest store. And Mr. Zhilovnikov, grabbing the child, ran along the road. “I have a child with me! A child with me! ” He shouted as he walked. However, as recorded by a smartphone video made by a passer-by, Alexander Zhilovnikov tried to block his son, and the attackers tried to knock the man off his feet, literally jumping on him. As a result, the fight was separated by passers-by, and the attackers fled from the scene. But they were soon detained.
It is worth noting that at first the detainees were charged under Art. 213 of the Criminal Code of the Russian Federation (hooliganism), they were in no hurry to admit their guilt. But when, by order of Alexander Bastrykin, the crime was re-qualified, the Hasanov brothers and Musaev agreed to plead guilty to hooliganism. However, after talking with lawyers, they denied everything in court, accusing the victims of hooliganism Utkin and Zhilovnikov.
In court, the investigator justified the need for a two-month imprisonment of the Hasanov brothers and Araz Musayev by the fact that, being at large, each of the accused, according to the investigation, can hide abroad, threaten witnesses and victims, and at the same time continue to engage in criminal activity. It should be noted that the investigation established that almost all the persons involved were officially employed in the capital as general laborers.
The defense asked the court not to satisfy the ICR’s motion, choosing as a preventive measure any one not related to detention. At the same time, the lawyers cited arguments that, in their opinion, testified to the innocence of their clients. As a result, the judge granted the investigator’s petition, sending the accused to a pre-trial detention center for two months. The defense said it would appeal the decision.
.