According to surging news, Wang Zhijia, a man from Heilongjiang, beat his wife, causing her head injury, and died after being sent to the hospital for rescue. After the incident, Wang Zhijia removed the home surveillance camera and flushed five memory cards into the toilet. Later, the police found a piece left in the toilet, which just recorded Wang Zhijia beating his wife.
In January 2023, the Shuangyashan Intermediate People's Court sentenced defendant Wang Zhijia to death with a two-year reprieve and deprivation of political rights for life on the charge of intentional injury; Compensation for the incidental civil lawsuit plaintiff Wang Yanmin's parents for economic losses of more than 40,000 yuan. After that, Wang Zhijia appealed, but the court of second instance rejected the original judgment and upheld the original judgment.
Second instance judgment (partial). All images in this article are provided by interviewees
Recently, Wang Yanmin's mother told The Paper that in terms of sentence, they had always hoped that the court would sentence Wang Zhijia to death and execute it immediately. After the second-instance court's ruling, they still wanted to clarify some issues: after beating Wang Yanmin, Wang Zhijia did not immediately send Wang Yanmin to the hospital, but contacted her parents, she wanted to know what happened in the next two hours, and whether the man's family covered up; Wang Yanmin and Wang Zhijia have a one-year-old child who is currently being taken away by the man's family, and they want to fight for custody.
The man beat his wife and died after ineffective treatment for brain damage
Recalling her daughter, Wang Yanmin's mother was proud.
Born in 1990 and raised in a dual-career family in Shuangyashan, Heilongjiang, Wang Yanmin is the only daughter in the family, she graduated from Heilongjiang University of Science and Technology in 2013, and has since been admitted to the civil service and continued to pursue on-the-job graduate studies. "When my daughter's old leader talked about her, they all said that she was sunny and smart, and she didn't think that she could do such a thing."
On May 7, 2020, Wang Yanmin and Wang Zhijia met through a blind date and got married and had a child. At the time of the incident in April 2022, the child was only one year old.
At about 22 o'clock on April 2, the husband and wife quarreled over family trivial matters at home in a community in Jianshan District, Shuangyashan City. During this time, Wang Zhijia fell Wang Yanmin and injured Wang Yanmin's head.
According to the first-instance judgment of the Shuangyashan Intermediate People's Court, on April 3, 2022, the emergency center went to the emergency center at 5:05, arrived at the community involved at 5:10, the patient Wang Yanmin was preliminarily diagnosed with head trauma, the right occipital hematoma could be palpated, and he was sent to Shuangyashan People's Hospital for treatment, respiratory heartbeat stopped on the way, cardiopulmonary resuscitation was given, and at 6:20, he was sent to the emergency department of the hospital for rescue. At 0:30 on April 4, Wang Yanmin was pronounced clinically dead. The cause of death was respiratory failure. Death diagnosis: closed head injury is extremely severe, skull fracture, epidural hematoma, brain contusion, brain cancer, scalp contusion.
After Wang Yanmin was injured, Wang Yanmin's mother and family did not know the situation immediately. Between 22:00 on April 2 and 5 a.m. the next day, Wang Zhijia notified his family, but did not inform the woman's family.
In the first-instance case file, Wang Zhijia's mother Wang Mouping testified that at 4:14 on April 3, 2022, her son Wang Zhijia called her to go to his home. "More than ten minutes later, he came to my house, said that he and his wife Wang Yanmin quarreled, Wang Yanmin was unconscious and could not wake up, let me go to his house to see, he stayed at my house for a while, when I arrived at his house, I saw Wang Yanmin lying on the floor of the living room, wearing pajamas, head towards the sofa, panting like snoring, I called her and pinched her and did not respond, I called my brother and brother and asked them to come over..." Wang Mouping's testimony did not disclose whether he knew how his daughter-in-law was injured.
After Wang Yanmin's family learned of the aforementioned situation, they believed that Wang Yanmin's injury might not be a "pure fall injury", so they called the police.
Wang Yanmin's mother's TikTok.
In the first-instance case file materials, relevant materials confirmed that at 6:41 on April 3, 2022, the command center of the Shuangyashan Public Security Bureau received a police report from Wang Lin (pseudonym), a resident of Jianshan District, saying that his niece may have been subjected to domestic violence and was rescued in the people's hospital, and provided the phone number of the suspect Wang Zhijia. The public security organ opened the case on the same day and took compulsory measures against Wang Zhijia.
Wang Lin's testimony confirmed that at 6:17 on April 3, 2022, he received a call from his brother saying that Wang Yanmin was hospitalized in the People's Hospital. "When I arrived at Wang Yanmin in the ICU for rescue, my sister-in-law thought that the simple fall injury could not be so serious, let me call the police, at 6:41, I called 110 to call the police."
Wang Yanmin's mother told The Paper that it is not the first time that her daughter has suffered domestic violence. In 2021, her daughter was beaten and injured by Wang Zhijia and was later picked up. Since then, the daughter has installed surveillance in all rooms, including the living room, with a total of five cameras.
The defendant was given a suspended death sentence: he failed to truthfully confess and had dismantled the surveillance
It was the surveillance installed in 2021 that recorded Wang Zhijia's violent process.
Wang Yanmin's mother told The Paper that after the incident, although the monitoring in the house was removed by Wang Zhijia and the memory card was washed away through the toilet, "the memory card that the police finally found that was not washed away happened to be the living room camera at the scene of the incident." Wang Yanmin's mother said that she had seen the relevant surveillance during the trial, and the pictures were cruel, and she could hardly bear to watch it.
In the first-instance verdict, witness Jiang testified that at about 14 o'clock on April 6, 2022, the police of the Criminal Investigation Brigade of the Jianshan Public Security Sub-Bureau approached him to a community in Jianshan District to remove the toilet in the bathroom behind the living room TV wall. After removing the toilet, he took out a memory card the size of a mobile phone card in the toilet and handed it to the police.
Since then, the local data recovery company has been commissioned to restore surveillance videos from the memory card from 21:30 on April 2, 2022 to 5:00 on April 3, 2022, and a total of 298 videos have been stitched. The recovery video of the memory card extracted from Wang Zhijia's home confirmed the cause of the case and the process of Wang Zhijia's harmful behavior.
The first-instance verdict shows that at about 22 o'clock on April 2, 2022, the two had a quarrel at home, and Wang Zhijia first pushed and slapped Wang Yanmin's head and face, and the two got into a fight. During the fight, Wang Zhijia hugged Wang Yanmin and threw him down, and Wang Yanmin landed on his head. After Wang Yanmin vomited many times, Wang Zhijia took Wang Yanmin to eat cefixime dispersible tablets, spray Yunnan white medicine aerosol, cold compress and other methods to relieve Wang Yanmin's pain, and then returned to the bedroom to sleep. At about 4 o'clock the next day, Wang Zhijia found Wang Yanmin in a coma and asked his mother Wang Mouping for help. At about 5 o'clock, Wang Yanmin was sent to the hospital by Wang Zhijia's relatives and died after ineffective rescue. It was determined that Wang Yanmin died of head injury after ineffective rescue. On April 3, 2022, after being summoned by the public security organs, Wang Zhijia went to the Wohongqiao Police Station of the Shuangyashan Public Security Bureau for questioning, but did not truthfully confess the facts of the crime, and was criminally detained by the investigation authorities on the same day.
The court held that the defendant Wang Zhijia intentionally injured the body of another person due to a family accident, causing serious consequences of the death of a person, and his acts constituted the crime of intentional injury. The prosecution was found guilty.
As for the defense opinion that Wang Zhijia truthfully confessed the facts of the crime as a confession, after investigation, Wang Zhijia did not truthfully confess the facts of the crime after arriving at the case, and although he truthfully confessed twice in the follow-up interrogation, the subsequent confession and the court trial denied the key circumstances of the injury and subjective intention, which was not a confession, and the defense opinion was not accepted.
The first-instance verdict held that Wang Zhijia did not take effective treatment after committing the crime, dismantled the monitoring equipment, did not truthfully confess the facts of the crime, and the victim's relatives did not forgive him, and there was no mitigating circumstance.
The claims of the plaintiff and his agent ad litem for the immediate execution of the defendant to death in an incidental civil action do not fall within the scope of the people's court's acceptance of the incidental civil action, nor are they in line with the Supreme People's Court's judicial philosophy of strict control and prudent application of the death penalty, and are not supported; The death compensation claimed is not a material loss suffered as a result of a criminal violation of personal rights and is not supported; The part of the funeral expenses proposed that complies with the law is supported. The sentencing opinions of the Shuangyashan Municipal People's Procuratorate comply with the law and are adopted. The verdict is as follows:
1. Defendant Wang Zhijia committed the crime of intentional injury and was sentenced to death, suspended for two years, and deprived of political rights for life. 2. The defendant Wang Zhijia compensated the parents of Wang Yanmin, the plaintiff in the incidental civil action, for economic losses of 40,184.50 yuan. 3. The other claims of the plaintiff in the incidental civil action are dismissed.
The second instance upheld: The defendant avoided the important during the trial, and could not truthfully confess
After the first-instance verdict was pronounced, the defendant Wang Zhijia appealed.
Wang Zhijia's victim, Wang Yanmin, was at fault for triggering this case; It has already taken active rescue measures against Wang Yanmin; The surveillance video admissible in the first-instance judgment had no sound and could not fully reflect the facts of the case; Wang Yanmin's report at Shuangyashan People's Hospital on June 12, 2021 and other evidence accepted in the first-instance judgment have nothing to do with this case and should not be accepted; Wang Zhijia claimed to be a first-time offender or an occasional offender with confession, and recommended that the court of second instance sentence him to 10 to 15 years in prison.
Wang Zhijia's defender also suggested that Wang Zhijia had admitted guilt and accepted punishment at the beginning of the second-instance trial, and suggested that he be given a lighter punishment.
Discussion record of Yanmin's deaths.
During the second trial, Wang Zhijia confessed that after he hugged his wife down, he helped her to the sofa, found two tablets of medicine for her to eat and pressed her head with a towel, during which his wife vomited several times. After that, he went back to his bedroom to sleep. According to Wang Zhijia's confession, at about 4 o'clock the next day, he heard his wife snoring very loudly, walked to the living room, and saw his wife lying on the ground next to the sofa. "I slapped her and she didn't respond. I called my mother to let her come to my house, and after hanging up the phone, I went to my mother's house, and when I arrived at my mother's house, my mother just went out, I said that I had a fight with Wang Yanmin, Wang Yanmin's head knocked, and my mother went to my house after listening to it. I stayed at her house for a while and then went back to my house, and when I got home, I saw my uncle and second uncle there. He said.
Wang Zhijia said that his mother asked him to find Wang Yanmin's ID card, he went down to the garage to find her ID card, and when he went upstairs, he saw 120 taking Wang Yanmin to the hospital, and he went home. "At about 7 o'clock, the public security officers called me, I removed the monitoring at home, threw the memory card into the toilet and flushed it, deleted the video of me and Wang Yanmin's mobile app and went to the police station." He said.
The court held that the appellant Wang Zhijia intentionally injured the body of another person, causing the death of a person, and his act constituted the crime of intentional injury. Wang Zhijia had a conflict with the victim Wang Yanmin due to trivial matters, and the two sides abused each other during the argument, but Wang Zhijia first beat Wang Yanmin, and Wang Zhijia and his defenders' claim that Wang Yanmin was at fault for triggering the case and the relevant defense opinions cannot be established.
The court held that although the surveillance video accepted in the first-instance judgment had no sound, the image could fully reflect the whole process of Wang Zhijia's beating of Wang Yanmin, and the relevant video proposed by Wang Zhijia and his defender could not be used as the grounds for appeal and defense opinions for the verdict evidence, and could not be established.
The report sheet of Wang Yanmin at Shuangyashan People's Hospital on June 12, 2021 and other evidence accepted by the first-instance judgment can prove that Wang Zhijia has beaten Wang Yanmin in his family life, and the above evidence submitted by Wang Zhijia and his defender cannot be used as the relevant grounds of appeal and defense opinions for the admissibility of evidence, and cannot be established. Wang Zhijia avoided the serious and the minor in the first-instance trial and the second-instance trial, and could not truthfully confess, and Wang Zhijia and his defenders' defense argument that Wang Zhijia had the circumstances of admitting guilt and accepting punishment and should be given a lighter punishment was not accepted.
The court held that the first-instance judgment had taken into account the nature, means of conduct and consequences of Wang Zhijia's crime when sentencing, and sentenced him to death with a two-year reprieve, and the sentence was appropriate. The first-instance judgment found that the facts were clear, the evidence was true and sufficient, the conviction was accurate, the sentence was appropriate, and the trial procedure was lawful, and the ruling was as follows: The appeal was dismissed and the original judgment was upheld. This ruling is final.
Wang Yanmin's mother believes that the last surveillance restored by the police recorded the content from 21 o'clock on April 2 to 5 o'clock on April 3, and in the second-instance confession, Wang Zhijia also said that she removed the surveillance at 7 o'clock on April 3, and she wanted to know what happened in the next two hours and whether the man's family covered up.
In addition, Wang Yanmin's mother believes that Wang Zhijia may have a previous conviction and used an alias to participate in the intentional injury case against a man named Cao Mouqi. She applied to the local police for evidence collection, but the two "fact sheets" dated November 8, 2022, stamped with the official seal of the Criminal Investigation Brigade in Jianshan District, failed to confirm that Wang Zhijia had been involved in the case. According to one of the fact sheets, because there was no computerized case-handling system in 2007, which were all paper files at that time, no case files involving Wang Zhijia or other related persons were found in the existing archives of the new police station of the Jianshan Branch.
In addition to the above questions, Wang Yanmin's mother is also worried about the upbringing of her grandson. She said that after the incident, her grandson was taken away by the man's parents, and these days she and her husband are exhausted and in poor health, and they are unable to think so much about it at present.
Reporter Zhu Xuan