Investigative Committee accuses lawyer Budantsev of attempted murder
A shot in escaping guard Eduard Romanov from the brigade of Alexey Kochuykov (Italianets) was re-classified as a grave article.
The Investigative Committee charged former KGB officer and head of the law firm Dictatorship of Law Eduard Budantsev with attempted homicide of one of the people of Shakro Molodoy during the shootout near Elements restaurant in Rochdelskaya Street in Moscow on December 14, 2015, Kommersant reports. The department took such measures in response to the request of the Prosecutor General's Office to halt the prosecution of the lawyer.
According to the investigation, during the shootout in Rochdelskaya Budantsev wounded five people from his award pistol Beretta. The wounds claimed lives of two guards from the team of Alexey Kochuykov (Italianets) - Philipp Domaskin and Alexey Kitaev. Another guard, Eduard Romanov, was wounded in the shoulder. Two other victims - church painter Georgy Berezin and Budantsev's colleague from Dictatorship of Law Roman Molokaev were injured inadvertently.
Berezin came to the restaurant to coordinate the model of the Orthodox calendar with his sponsor Kochuykov. He participated in the attack on Budantsev, as a result of which he received a bullet in the spine and became a wheelchairer. The actions of the lawyer were classified as Infliction of a Grave Injury in Excess of Requirements of Justifiable Defense (Art. 108 and Art. 114 of the Criminal Code). Molokaev, who was trying to help the boss, was wounded in the stomach. Molokaev and Romanov are involved in the case as persons "who were harmed by the actions of the accused". The investigation did not qualify their injuries in any way.
The Prosecutor General's Office did not accept such conclusions. Deputy Prosecutor Viktor Grin' returned the case materials to the Investigative Committee claiming that Budantsev had not exceeded the requirements of justifiable defense. According to his inference, the attackers "attempted the life" of the lawyer and acted in the group. Thus, the Investigative Committee was offered to either leave the lawyer alone or find more weighty evidence of his guilt.
The investigation complied with the requirements of the Prosecutor's Office. Proceedings under Art. 108 and 114 of the Criminal Code were terminated. The investigation decided that killed guards Domaskin and Kitaev, as well as artist Berezin, suffered as a result of the suppression of their own criminal activities - extortion from the owner of Elements restaurant Zhanna Kim. They were not recognized as the victims, and the claims against Budantsev, associated with the excess of self-defense limits, were dropped.
Instead, Budantsev was accused of Attempted Murder (Art. 30 and Art. 105 of the Criminal Code) of Eduard Romanov. According to the investigation, the lawyer shot at Romanov after he had managed to cope with Kochuykov's guards who lashed out at him. The video from the security cameras on the veranda of the restaurant shows how beaten and shooting-finished Budantsev reloads the gun and removes it in the holster. Then in the background appears Romanov, who runs to the side. Seeing him, Budantsev pulls out the gun and shoots him several times. These shots were considered an attempted murder. Romanov was recognized as a victim. An examination was appointed, the results of which will help establish the harm caused to the health of the guard by Budantsev's shot.
It is noted that the statute of limitations on 'soft' articles, which expires on December 14, does not allow the Investigative Committee to challenge the decision of the Prosecutor General's Office. However, this can be done by injured Berezin and the relatives of the deceased guards. Representatives of the victims stated that they would certainly do it. Only Molokaev appeared not to have any claims. He stated from the very beginning of the investigation that he had no claims on the actions of his boss.
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