The appeal hearing for the death of 21-year-old Adam Czerniejewski, who was fatally shot with a police weapon, has begun in Łódź. The accused police officer, Sławomir L., gave his first account before the appeal court. He said that the 21-year-old was holding a blade in his hand, which he tried to stab him in the chest with, and that's why he pulled the trigger.
The appeal hearing began on Tuesday before the Court of Appeal in Łódź. The court of first instance sentenced the police officer to three years of unconditional imprisonment, a 50,000 PLN fine and a six-year ban on working in the police for unintentionally causing the death of a 21-year-old.
All parties appealed against this non-final judgment.
The accused officer's defense attorneys emphasized that he acted in a state of emergency and had the right to use weapons, which is why the sentence is flagrantly harsh. One of the defense attorneys requested an acquittal, the other requested a retrial of the case by the court of first instance.
Prosecutor Wojciech Zimoń was also dissatisfied with the non-final judgment. In the indictment he prepared – based on expert opinions – he recreated the course of the tragedy that took place on November 14, 2019 in one of the housing estates in Konin. The prosecutor found that the policeman chased the fleeing 21-year-old with a cocked gun in his hand and accidentally fired a shot when he tried to catch the fleeing man. In his appeal, prosecutor Zimoń requested a lower sentence than the first-instance court imposed – in his appeal, he requested that the policeman be sentenced to one year in prison suspended for two years of probation.
In turn, the attorney for the auxiliary prosecutor, the father of the shot 21-year-old, stated that the court had made a wrong interpretation of the circumstances in which Adam Czerniejewski lost his life. In his opinion, on November 19, 2019, there was a murder with an eventual effect, and for that the police officer should face a life sentence.
“I thought it was a knife”
During the investigation and the first-instance trial, the accused Sławomir L. did not want to talk about how the fatal shooting of the 21-year-old happened. That changed on Tuesday in front of the Łódź court. The accused said that on that day, he and his partner were patrolling the area around one of the schools in Konin. The policeman was behind the wheel of a police car and – as he told the court – he noticed three “very young people” standing near one of the hairdressing salons. Among them was Adam Czerniejewski, who lost his life a moment later.
– Adam Czerniejewski turned his head towards the police car and stood up very nervously. I decided with a colleague from the patrol that we would turn around and check the ID of the whole group – said the accused policeman.
When Sławomir L. stopped the police car – as he said – the 21-year-old had one hand in his backpack and was nervously backing away. – I looked to see if my partner was next to me. When I looked again, Adam Czerniejewski was already running away – said the policeman.
While running, the policeman allegedly noticed that the 21-year-old had a blade in his hand. “I thought it was a knife, I was convinced of that,” he said.
During the chase, he allegedly shouted “stop or I'll shoot” and reloaded his weapon. Why? “I knew I was chasing someone who had a dangerous tool,” he said. He added that he did not fire a warning shot because, as he pointed out, it would have been dangerous for bystanders, and the chase took place in a large housing estate.
– A projectile falling in a populated area does so with enough force to kill. That is why there were no conditions for safely firing such a shot – he noted.
Prosecutor's Office: We don't know what the course of events wasTVN24 Lodz
“It was a deliberate shot”
Before the fatal shot was fired, as the accused Sławomir L. claimed, the fleeing 21-year-old fell twice. And that was the only reason he was able to catch up with the fleeing man.
– When he fell, I was already sure that I would catch up with him. When I ran up, he was already on the ground, I tried to catch him with my left hand. In my right hand, which I held close to my chest, I had a gun. Adam Czerniejewski was struggling hard. He stood up and turned around at the same time, and so he broke my grip and ran further, this time not towards the kindergarten, but the nearby playground. There he fell for the second time – said the policeman.
There, as he said, there was another scuffle. – Adam tried to break the grip just like he did then. I saw that his right hand, which was holding the blade, was near my torso. That's when I decided to fire a shot at Adam Czerniejewski's legs – he said.
– Did the accused consciously decide to shoot? – clarified the presiding judge, judge Elżbieta Pęcherzewska.
– Yes, I fired the shot on purpose – the policeman replied. At that moment, the father of the shot 21-year-old, who was listening to this story from the other courtroom of the appeals court, began to cry.
The policeman continued his version: – At first I was afraid that I had shot myself in the left hand. I don't remember exactly how Adam was positioned, but then I pressed my hands against his back, so he probably fell on his stomach. I focused my attention on the blade. I stepped on the wrist, where the blade was, and then I saw that they were scissors – the policeman reported.
Only then, he said, did he realize that the 21-year-old had been hit by a bullet from a police weapon.
– I saw a hole in his jacket, pulled up his clothes, then turned Adam on his back. I saw that he was rolling his eyes. He didn't struggle. I shouted at him not to fall asleep, then I started resuscitation – said the officer.
In contradiction
It is worth emphasizing that while still at the investigation stage, we learned that experts investigating the circumstances of the death of 21-year-old Adam Czerniejewski ultimately determined that the shot was fired in the back of the 21-year-old, from a very close range.
– Is the accused aware of the fact that the explanations presented are inconsistent with the findings made in the case? – asked the presiding judge.
– Yes, I realize that. I have tried many times to explain it to myself. I am simply telling how it happened – replied the accused.
Ultimately, the court decided to re-examine the experts who had spoken in the case. Judge Elżbieta Pęcherzewska ordered the accused to be present in the courtroom so that he could answer questions and respond to the experts’ findings.
After the hearing, we asked prosecutor Wojciech Zimoń about the content of the police officer's explanation. We asked him whether – in his opinion – the police officer's version corresponds with the evidence, primarily with the recordings from cameras installed near the scene of the tragedy.
– No, I don't think so, he replied shortly.
The accused did not want to talk to us. The father of the shot 21-year-old called the policeman's explanations “a mockery”. – I am certain that it was murder. The policeman is trying desperately to defend himself, but nothing holds together – he said.
The date of the next hearing is not yet known.
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