“Premeditated murder”. The 105th article of the criminal code of the Russian Federation. From six years imprisonment to life imprisonment. One of the most serious articles of the Criminal code.
57-year-old Muscovite Boris Baskin, children’s neurologist by profession, was sentenced to 6,5 years of imprisonment it is for the 105th. For a murder he… was not. Victim Alexey Ponomarev was alive, healthy, feels good.
Baskin, defending his 8-year-old son Makar (the name is changed. — Ed.) waiting for the colony of strict regime.
“The victim attacked us first, no intention Boris was not and could not be, the most that he could incriminate, this excess of limits of necessary defence” — with tears in her eyes, tells the child’s mother Oksana.
“The death of the victim has NOT come, as in the course of injury Ponomarev protected them,” reads a sentence of Kuntsevsky district court.
And so the convicted person is still to blame.
photo: From personal archive
We need one victory
…If you knew what kind of passion can sometimes boil on the children’s tennis competitions. As if this is not an ordinary tournament weekend on the racetrack in Krylatskoye, and at least a Wimbledon or Roland Garros.
“Parents sometimes act like mad. Emotions are not all biting. I believe, thus, they first and foremost hurt his own child, heating up the atmosphere, hurt him psychologically, says Oksana, the mother of God. — I think that should be somehow easier to treat, especially if you set yourself up ahead on the sport. The child is playing, accumulating experience, gains the first skills of interaction with an opponent, and I do not understand those adults, for whom the slightest failure of their daughter or son is a tragedy of a lifetime.”
At nine in the morning of Sunday 11 October 2015 Oksana Makar habitually signed up for this tournament. Participants were divided into groups, one of which has got 8-year-old Makar. “Most of the kids knew each other is still training. We came from another club and was inappropriate. And from our father Boris was a bad back, and so the competition together with us he did not go there all the time you need to stand at the court, he promised to pick us up at the end” — throws up his hands Oksana.
Boris Baskin — himself a former athlete, seriously damaged the spine. The first operation he did a few years ago, but in order to fully recover, it took time and a few surgeries, and while Boris was wearing a corset and tried not to overexert yourself.
He was denied any load, not even that hard to drive — not something to fight. “Our whole life was in anticipation of the second surgery,” recalls Oksana.
The day of the accident 8-year-old Makar was playing pretty well, he even reached the semifinals, where he met with the boy, which has already competed in one of the previous tournaments.
Opponent Makar clearly had no luck. Two of the three goals he lost Makar, who lacked only points to the victory. “And then the parents of this child, standing at the court, began to shout that, say, our incorrectly counted the ball and that here was out. They openly insulted me and my son. I soothed him as best he could. About this time and drove Boris”.
Showdown between the parents, says Oksana, happen all the time. With or without. Sometimes adults behave worse than children. Suppresses disagreements usually the judge, not figuring out who is right and who is wrong, just restore order.
Fans of the losing boy’s loud screaming that if victory was awarded to Makar, it will be removed from the competition. “Son, alarmed, confused, he’s not used to this, in the end, missed all subsequent balls and lost 3:2” — throws up his hands Oksana.
Nothing special, the usual small conflict, such at each competition there, if not for what happened next.
“The parents of the new champion seemed to calm down: their child was the final, Makar waited for the fight for third place. We came off the court — with the bike path that surrounds it, children change clothes as specialized changing rooms there.” Makar cried. Oksana comforted son, explaining that such provocations will again, therefore, we must learn to govern themselves and not pay attention to others. Boris also soothed the boy — rather like a man, loudly declaring that he’s the best of all and sooner or later all the “tear”.
“We had to change quickly to prepare for the next batch, adjust the strings on the racket — they go back and forth after each game, and they should be returned to the place, sometimes fingers, occasionally a device similar to the dart of the dart, only made of soft plastic. A very useful thing” — Oksana shows me a picture of this dart, the fatal wand twenty centimeters in length, also nothing special.
The prick of the dart
Suddenly ran towards them with a stranger. “Excited, with dishevelled hair, growth meter eighty, wearing unbuttoned jacket awry, his hands in his pockets… Looked like a drunk — suggests a woman. — I saw him for the first time and didn’t understand what he wants from us. But the stranger rudely turned to Boris, “Hey, you, let’s go out?!”
Boris puzzled asked: “do you know me?” — “I’ll meet you, I came from Solntsev to kill you”, in the words of Oksana threw in response to a stranger.
“It was very scary. I see that Makar shook hands, he’s a very sensitive boy. Security at the tournament — no. I was scared, but didn’t think that it comes to the big showdown: after all, people around, parents, children, rowdy necessarily settle down…”
The materials of the criminal case indicate that Alexey Ponomarev (and it was) and started the conflict. However, the accused is not the assailant.
From the judgment of the kuntsevskiy district court: “the actions of A.V. Ponomarev, who took Baskin, B. S. elbow, given its verbal proposals to go out, to talk, aroused the hostility to the victim at Baskin. Due to the verbal conflict between the victim and the defendant on the grounds of suddenly arisen personal aversions have Baskin emerged and formed a criminal intent, which was aimed at killing Ponomareva…”
“What is criminal intent? They saw each other less than a minute!” outraged Oksana. She said that this man was not on the court among the other parents. Why would he be so angry?
Oksana begged Boris not to go with this strange stranger. But Boris decided to talk with him in the side to Ponomarev God forbid not frightened by his behavior nearby children. On the road Ponomarev several times pushed back Boris, and then punched him in the neck.
A scuffle ensued…
Makar hysterically screaming that his dad killed. Oksana, trying to calm his son, Boris lost from view…
She recalls then she was approached by police and asked to show your passport. “I understand that the game is definitely not to be. But still didn’t think that happened something terrible. Patrol arrived and an ambulance. The victim, this is Ponomarev, lay somewhere among the walls, he was conscious and even demanded to take him to a specific hospital. As it is there seems to be communication. No blood, I had not seen.”
But in the course it was found possible cause of the conflict. It turns out that the victim’s son also participated in this tournament. And like wife didn’t like Ponomarev, Boris previously supported their child. “Our father, the credo of which is “from enemies to friends”, tried to calm the angry parents of fans who really allowed himself unflattering and insulting remarks about Makara. Things had calmed down, and only one lady continued to rebel — as it turned out, it was Ponomarev’s wife, she called my husband and demanded that he immediately went and got”.
And he really came. And not understanding, rushed into battle…
According to investigators, during the outbreak of the fighting, Boris Baskin hit by Alexei Ponomarev, the dart, which was holding in order to fix the strings on the racket. He was later held official examination, which showed that this object has solely domestic purposes. According to GOST R 51715-2001, such products are intended for decorating offices, residential premises. Since the materials and design of the accessory is significantly weakened, and preclude its use as a weapon.
Oksana suggests that when Ponomarev Boris dragged him along, he just did not have time to throw the dart on the floor, and then, fighting, accidentally struck him the victim. “Boris was defending himself! — sure, Oksana. — It all happened quite by accident.”
The accused could have saved the footage of the surveillance cameras that were in the competition, they would prove who is guilty in the fight and whether it was attempted murder.
But as it turned out, that 11 October 2015 none of the cameras on the court for some reason did not work…
Positive characteristic Boris Baskin introduced him to the sports Federation, the Moscow city organization “Union of writers of Russia” in which he is; for him also personally vouched Deputy Chairman of the Synodal missionary Department of Russian Orthodox Church hegumen Serapion. Everywhere the defendant was described positively. Person, simply not capable of causing deliberate harm to another.
But it did not save him, it does not help that after the fight with Ponomariov himself Boris Baskin was officially diagnosed with a concussion.
photo: From personal archive
Who killed who?
Wound Alexey Ponomarev was qualified as serious bodily injury that formed the basis for the presentation of Baskin original charges under article 111 part 2 of the criminal code of Russian Federation “Deliberate causing of heavy harm to health”, although, according to lawyers, in case there were evidence of a crime, most likely under article 114 part 2 of the criminal code: “Causing of grave or average gravity harm to health at excess of limits of necessary defense”, as according to witnesses, the fight began not Baskin.
But the victim has accused Boris in the attempt of premeditated murder and even wrote a complaint. Which the Prosecutor was not satisfied as long as the case was not taken to the regional Investigation Department, where for some reason immediately reclassified to part 3 of article 30, part 2 of article 105 of the criminal code.
“Baskin Boris Solomonovich has committed an intentional crime, attempted felony, previously not convicted, married, has dependent children, mental disorders not found”.
Experts explain that in this particular case, it is not excluded that the criminal code was incorrectly applied. And that the actions described in the sentence, do not constitute attempted murder, but the findings do not correspond to the actual circumstances of the crime. Why it was done this way? Relatives of the accused about it can now only guess.
“Through their representatives, as far as I know, Ponomarev asked the Bori compensation of ten million dollars. Allegedly, only then he is ready to reconcile, but this amount personally at me raises doubts about the adequacy of the victim”, — said Oksana.
Father Makar was arrested soon after he returned to Moscow after the treatment of the spine. He came voluntarily to the investigator to find out what is still happening, and was immediately taken into custody.
In June 2017, Boris Baskin was sentenced to 6.5 years of imprisonment. Although the Prosecutor asked for nine. “We now await the appeal in Moscow city court. It hurts that children still don’t know where dad is and what happened to him, and I can’t explain it to them. Makar as the eldest say that dad is in the hospital”, — Oksana could not hold back tears. Their third child, third son, was born when Boris was already in jail.
“Now I’m a single mother of three young boys. Yes, I want them to grow up as real men, but how to explain to them that tyranny can sometimes go unpunished? What to put in jail even for defending their families, their children? After all, Makar’ve seen and heard, it will not disappoint! It turns out that anyone can break into our lives, to ruin her, to insult, to strike, to create chaos and become the victim?!”
Makar for 10 years. He suffered great stress and for two years as observed by a psychiatrist. Immediately after the incident, he put a tennis racket on the table and said that never in my life before her, not touching, not going to play tennis, which was delirious since childhood, hoping one day to play in the Wimbledon final.
Cycling track in Krylatskoye.
Marina SILKIN, candidate of legal Sciences:
— If murder can be made both with direct, and with indirect intention, the attempt at murder is possible only with direct intent, that is, when the offender foresaw the possibility or inevitability of the death of another person and wanted her, but the deadly outcome did not come for reasons beyond his control: for example, the victim resisted, interfered with other people, the victim was on time and received medical assistance.
Should also keep in mind that, according to the materials of the case, the victim (i.e. the one wounded), apparently, he provoked the conflict. With his hand, according to witnesses, there were threats of violence, statements about causing harm. While defending due to emotion, it is likely not able to correctly assess the nature and risk of infringement and, consequently, to choose appropriate ways and means to protect themselves and their child.
But in this case, as I understand it, the convict in the fight used the object, which properties could not inflict a mortal wound. From this we can conclude that the intent was not aimed at causing death to the victim, and therefore, the qualification of the crime is incorrect.
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