The parents of the deceased 34-year-old from Lubin (Dolnośląskie Voivodeship) received permission from the prosecutor to bury their son’s body. However, there will be no funeral in the near future. The representatives of Bartosz S.’s family have applied for a second post-mortem examination in another forensic medicine facility. – The family is desperate, but determined to resolve this matter to the end – says lawyer Renata Kolerska. According to the National Prosecutor’s Office, the investigation will be taken over by the District Prosecutor’s Office in Łódź.
On August 6, a 34-year-old resident of Lubin died after police intervention. The District Prosecutor’s Office in Lubin initiated an investigation into the abuse of powers and failure by police officers as well as inadvertent manslaughter of the aggrieved party.
Cause of death unknown, more research needed
On Monday, an autopsy of the 34-year-old took place at the Forensic Medicine Institute in Wrocław. The deputy district prosecutor in Legnica, Arkadiusz Kulik later said that the section “did not show any traumatic lesions that would be a direct cause of death for the man”.
– In particular, no injuries were revealed that would indicate pressure in the neck region, in the mechanism of, for example, asphyxiation. The experts were of the opinion that in order to determine the final cause of death, it is necessary to perform a number of additional tests, including histopathological and toxicological tests. Appropriate specimens were collected from the corpses for examination and these examinations were ordered by the prosecutor’s office – said prosecutor Kulik.
The family wants to be re-sectioned
Also on Tuesday, the representative of the 34-year-old’s family, attorney Renata Kolerska, said that the prosecutor’s office refused to issue the protocols of the section and the examination of the body to the family. – The prosecutor’s office stated that the cause of death of Bartosz S. was unknown. Such a statement does not allow any verification of the credibility of these activities – emphasized the lawyer.
After an earlier refusal, the family was finally admitted to the body of their loved one on Wednesday. And the man’s parents were allowed to be buried. As lawyer Kolerska tells us, the relatives of the deceased 34-year-old went to the morgue, but they did not collect the body. Instead, they made photographic documentation. The photos – according to the family lawyer – are to be consulted with a medic. Attorney Kolerska also applied for a repeat autopsy, this time at the Forensic Medicine Institute in Poznań. There will be no funeral for now, because the family wants to avoid exhumation.
– We are waiting for the prosecutor’s decision to admit this evidence – says the representative of the parents of the deceased 34-year-old. And he adds: – For them, the more time this case lasts, the more shocking it all becomes. They are depressed, desperate, but determined to explain what happened to the end.
The investigation will be taken over by the District Prosecutor’s Office in Łódź
On Tuesday, the district prosecutor in Legnica asked the superior prosecutor’s office to consider transferring the case to another prosecutor’s office outside the Legnica district. – In particular, it is about avoiding the allegations of the lack of impartiality of the prosecutors who conduct the proceedings – said Arkadiusz Kulik, deputy district prosecutor in Legnica.
As the spokeswoman for the Regional Prosecutor’s Office in Wrocław, prosecutor Katarzyna Bylicka, announced on Wednesday, the Regional Prosecutor’s Office sent a request to the National Prosecutor’s Office to transfer the investigation outside the Wrocław region.
The Press Department of the National Public Prosecutor’s Office in an e-mail to the TVN24 editorial office informed: “By the decision of the Deputy Prosecutor General, Krzysztof Sierak, made pursuant to § 116 section 5 of the Internal Regulations of General Public Prosecutor’s Office Organizational Units, the proceedings in this case will be continued in the District Prosecutor’s Office in Łódź”.
Two versions of events
A film from Friday’s police intervention on ul. Traugutt found his way to the Internet. You can see the policemen trying to overpower the man who is lying on the ground for a few minutes. He screams and leaps away. The two officers are joined by another, as well as a man in a white sweatshirt with a backpack. The four of them lean over the 34-year-old lying, trying to overpower him. After a while, they transfer the man to the police car. However, they fail to put him there. The man is lying on the street, next to the police car. At some point, he stops screaming and breaking free. He’s probably losing consciousness.
In a statement issued the next day, the Lower Silesian police informed that the officers went to an intervention involving an aggressive man who was supposed to throw stones at the windows of buildings. The man’s mother called the emergency number, informing the police that her son was abusing drugs. According to the explanations of the police, the officers sent to the scene tried to identify and calm the man. This one, however, did not respond to orders. As a result, policemen incapacitated the 34-year-old using handcuffs and overpowering holds.
The next day, the police announced that the man had died while being transported to the hospital. The information about the death of the 34-year-old, the police reported, was received by the uniformed officers two hours after the man was hospitalized. In the media, there were reports of witnesses to the event, according to which the death of the 34-year-old took place during the intervention.
On Monday evening, MP from KO Piotr Borys published a letter of the District Prosecutor’s Office in Lubin on twitter, in which you can read that “according to the statements of rescuers, after they arrived at Traugutta Street in Lubin to report to Bartosz S., they checked the heart rate and pressure, but these parameters were not detectable”. “According to the rescuer, the victim’s death was already found on Traugutta Street. He also stated that for this reason they did not undertake any resuscitation measures” – we read in the letter.
Earlier, at a press briefing, subcommittee Wojciech Jabłoński from the press office of the Lower Silesian police, answering journalists’ questions about the Friday intervention, assured that at the time when the officers handed over the 34-year-old to the medical team, his vital functions were preserved, breath and pulse were felt. He also added that the policemen who took part in the intervention were not suspended from duties.
Main photo source: Marlena Najman