ICR recognizes murder of two Shakro Molodoy’s PSC officers by lawyer Budantsev a ‘special operation’
The family of murdered Aleksey Kitaev and Filipp Domaskin disagree with this wording. After appealing the court decision in the case of extortion from owner of Elements restaurant Zhanna Kim, the lawyers intend to push for the resumption of an investigation against Budantsev.
The protection of victims in the case of the shootout outside Elements on Rochdelskaya Street – the relatives of Aleksey Kitaev and Filipp Domaskin, who represented thief in law Shakro Molodoy in a financial dispute, and Georgy Berezin, who became disabled as a result of a wound – intends to achieve the acquittal of those killed in the extortion case.
The deceased Kitaev and Domaskin were among the fourteen defendants in the case of extortion from the Elements owner Zhanna Kim, which resulted in the shootout on Rochdelskaya Street. In March 2018, the Nikulinsky District Court sentenced thief in law Shakro Molodoy to various terms of imprisonment – from 7 years four months to 9 years ten months’ rigorous imprisonment. At the same time, Aleksey Kitaev was also recognized as an extortionist, although the Court remitted the criminal case against Filipp Domaskin to the Prosecutor's Office for an additional investigation.
According to Kommersant, both victims will be acquitted in the extortion case; the representatives of the victims will require the ICR to resume the investigation of the criminal case of the shootout taking into account the newly discovered circumstances. The investigation has reconstructed the details of the showdown using the footage from the CCTV cameras installed outside Elements and the witnesses’ statements.
Previously, the ICR Main Investigations Directorate acquitted the former KGB and FSB officer and lawyer Eduard Budantsev and three employees of his law firm Diktatura Zakona in connection with the absence of corpus delicti in their actions.
The protection of the witnesses says that none of those killed had to do anything with racketeering, and it was Budantsev who provoked the conflict.
The publication notes that lawyers from the Vash Yuridichesky Poverenny bar association, which represents the victims, will seek a step-by-step waiver of the ICR Main Investigations Directorate’s decision to prosecute Budantsev, who shot two PSC officers and wounding several others with a service weapon.
According to the Association Head Konstantin Trapaidze, it is confusing how the bodies of preliminary investigation have been for 1.5 years failing to establish that the deceased Domaskin was not in the restaurant and could not take part in the extortion as Kochuykov’s guard. Kitaev’s involvement in the extortion is also questionable; as a member of Kochuykov's personal security staff, he was not even aware of the purpose of the visit to the restaurant; he was fulfilling his official duties, including taking shots at the opponents, from whom the immediate threat to the person guarded by him was coming.
The lawyer noted that “all those who somehow suffered from Budantsev's shots” are defendants in various criminal cases. With their actions, the investigative bodies and courts considering the criminal cases related to the Rochdelskaya Street events fully rehabilitated the actions of Budantsev, who shot unarmed people, making them guilty.”
According to lawyer Oleg Ushkov, “nobody was going to turn a commercial dispute into a massacre.”
This is evidenced by the fact that of all persons acting in the interests of the designer Misikova, only Kitaev had a traumatic pistol, as he was Kochuykov’s guard.
According to the ICR Main Investigations Directorate investigation, which discharged Budantsev from liability, he was fully aware of the public danger of his actions during the conflict on the Elements veranda. From the Investigative Committee’s point of view, Budantsev “regarded the situation as a real threat to his life and hopeless regarding the possibilities for a peaceful settlement.”
The Investigative Committee’s initial wording was that Budantsev “acted as a special forces commander in a battle with terrorists – he snatched up his weapons and began to destroy all potentially dangerous objects.” At the same time, it was previously reported that Budantsev was the first to pull his weapon, after which Kochuykov’s private security company employees tried to disarm him and inflicted several blows to the lawyer.
According to the investigation as cited by Kommersant, “taking into account the experience and formed skills to respond to extreme conditions and on the background of worsening of the psychophysiological state in connection with injury, Budantsev mobilized his resources and professional stereotypes of force interaction aimed at self-defense.
He automated his actions and perceived the situation as unfinished, while there were potentially dangerous objects in his field of vision.”
The publication notes that Deputy Prosecutor General Viktor Grin’ disagreed with this wording of the investigation, which in fact justifies the actions that caused the death of two people and serious mutilation of two others. The Investigative Committee then changed the classification of Budantsev’s actions.
In its final wording, the investigation recognized that Budantsev and his colleagues had the right to “cause harm of any by nature and extent to any of those encroaching,” since the use of weapons by Aleksey Kitaev, wounded in the very beginning of the fight, represented “a real danger to the lives of the defenders”; before receiving a fatal wound from Budantsev’s Beretta, Kitaev used one-and-a-half clips (about 20 shots) of his service traumatic weapon Horhe-1S, easily injuring one of the representatives of the Diktatura Zakona law firm.
However, the victims disagree with this wording. They believe that the argument turned into a fight already after Eduard Budantsev started waving a gun around and intend to seek his prosecution.
To recall, two people were killed and two more became disabled as a result of the shootout outside the Elements restaurant on Rochdelskaya Street, Moscow, in December 2015. Also, the showdown served as the beginning for the subsequent initiation of some criminal cases, as a result of which several high-ranking officers of the Investigative Committee, accused of taking a bribe from the thief in law Zakhar Kalashov, the thief himself, and 13 more people ended up behind bars.
As of the autumn of 2016, apart from being charged with a double murder, Eduard Budantsev faced a number of other articles, including Attempt at Murder (Art. 30 and 105 of the Russian Criminal Code), Infliction of Grave Injury to Health (Art. 118) of two men who became disabled, and light injury (Art. 115) to several more wounded men. However, in the spring of 2017, after the ICR Main Investigations Directorate referred the criminal case to the Investigative Committee Central Office, the investigation’s position undergone potential changes and all the crimes that were previously incriminated to Budantsev were qualified as exceeding the limits of self-defense.
Initially, the defendants in the case had been charged with embezzlement through swindling in the amount of 225 million rubles ($3.3 million). In the final version of the indictment, the article was changed to 1.5-billion-ruble ($22.45 million) embezzlement.