Nikodem Ch. he was sentenced to four years in prison for hitting a stone in the head of a three-year-old boy. The child suffered extensive injuries. According to the investigators, the remaining children playing on the playground were exposed to the immediate danger of loss of life or serious damage to health. The case was returned to the courtroom several times. The Supreme Court decided that it must be re-examined by the Gdańsk Court of Appeal. And he legally sentenced Ch. to four years in prison.
The judgment of the Court of Appeal in Gdańsk was handed down in early September. Nikodem Ch. was legally sentenced to four years’ imprisonment. The decision was made after the Public Prosecutor General’s cassation.
Ch. was responsible before the court for what happened in Starogard Gdański in October 2017. – The incident took place in the back room of one of the premises on Kościuszko Street, where the boy was playing with his peers – then Marcin Kunka, the press spokesman of the County Police Headquarters in Starogard Gdański, told us.
A stone in the child’s head
A three-year-old boy was playing with his sister and other children. Ch. scared children from the neighboring property. Finally he threw a large rock at them. It hit the head of a three-year-old.
“The stone hit the head of the youngest boy, causing extensive craniofacial injuries, requiring urgent neurosurgical surgery. During the investigation, the prosecutor found that by his actions the man had caused a serious damage to the child’s health in the form of a real life-threatening disease, as well as the immediate danger of losing the life of the victim” – informs the National Public Prosecutor’s Office. And – in the announcement – he adds: “At the same time, the prosecutor found that the remaining children were exposed to the immediate danger of loss of life or serious damage to health.”
The suspect fled the scene. He reported the next day when he found out that the police were looking for him. He then confessed in part to committing the alleged offense. He confirmed that he had thrown the stone. However, he claimed that he did not target children. He was arrested.
The prosecutor’s office did not agree with the court decisions
In December 2018, the District Court in Gdańsk decided that the defendant did not agree and did not want to injure the boy. He sentenced the perpetrator to 1.5 years imprisonment and awarded him compensation for the harm suffered by the boy, in the amount of PLN 40,000.
However, Nikodem Ch. appealed against the invalid decision. And the Court of Appeal in Gdańsk – in June 2019 – changed the judgment under appeal. Although he increased the awarded compensation to PLN 50,000, he also reduced the sentence of imprisonment to one year and suspended its execution for five years. At that time, the accused was to be supervised by a probation officer.
The National Public Prosecutor’s Office filed for a cassation of this judgment. In June this year, she was admitted by the Supreme Court and remitted the case.
PK: he beat up a homeless man and cut his ears
“This time the court allowed the appeal of the public prosecutor and changed the judgment under appeal, adopting the description and legal classification of the act in accordance with the indictment. At the same time, the court sentenced the accused to a penalty of only four years of absolute imprisonment. In the prosecutor’s opinion, the sentence imposed appears to be grossly low” – concluded Krajowa in its communication.
The Press Department of PK added that Nikodem Ch. “he is a person well known to law enforcement authorities on another outrageous case”. In June 2021, a man reportedly beat a homeless person unconscious and cut his ears. “In connection with this case, Nikodem Ch. Was arrested, and the prosecutor requested the court to arrest him temporarily. However, due to the court’s error in exceeding the time limit for examining the arrest case, the suspect was released,” PK informed.
Main photo source: tvn24 | Ryszard Brzycki