In front of the police station, he turned on the gas in the car and tried to make it explode. He was charged with the attempted murder of three policemen. A final verdict has just been issued in this case.
On Wednesday, the Court of Appeal in Warsaw sentenced Piotr M to a total sentence of 12 years and 6 months in prison for attempting to murder police officers. However, it quashed the judgment of the court of first instance in the matter of possession of drugs and referred the case for re-examination to the District Court in Warsaw.
In the justification, Judge Izabela Szumniak pointed out that it is obvious that both narcotics and alcohol affect people in a very individualized way, while the Act only requires establishing that the person driving the vehicle was under the influence of a narcotic, which was evidenced by the opinion of an expert .
– In the scope of the act under Article 62 sec. 1 of the Act on Counteracting Drug Addictions, the appellate court decided to set aside the judgment in this part and remit the case for reconsideration. It is necessary to conduct a new trial in this regard – judge Izabela Szumniak noted. She added that it was about obtaining a new expert opinion in the field of chemical tests, whether the dried herb meets the changed statutory criteria.
The court rejected the appeal of the defense lawyer and the prosecutor’s office
On the other hand, as regards the act of attempted murder, the Court of Appeal did not agree with the allegation made in the defense counsel’s appeal that there had been a voluntary withdrawal from the act. – Consistent implementation of a pre-determined plan involving obtaining a gas cylinder, parking in front of the police station, luring potential victims by sounding a car horn, turning on a tap causing gas to escape and rubbing a lighter in front of the officer’s eyes was intended to lead to an explosion with the effect of extended suicide. The explosion did not occur because the explosive limit was exceeded, and this directly results from the expert’s opinion. Such conclusions correspond, also with the testimonies of witnesses, or the explanations of the defendant himself, who admitted that he left the car, because the concentration of gas was so high that he was almost unconscious, he was feeling faint, emphasized the judge.
She also pointed out that the prosecutor’s appeal, which questioned the legal qualification of the act adopted by the court and aimed at changing the sentence by imposing 25 years imprisonment on the accused, also did not deserve to be considered.
As the judge pointed out, during the incident, the defendant was under the influence of narcotics, on which he was addicted, and which significantly affected the way he acted and his attitude. – The Court of Appeal did not agree with the prosecutor’s objection questioning the prison sentence imposed for this act as grossly disproportionately lenient and found no grounds to correct it and impose 25 years of imprisonment – said judge Izabela Szumniak justifying the verdict.
He parked the car and turned on the gas cylinder valve
yeah the case began on the night of December 5-6, 2020 in Warsaw. Piotr M. drove up to the police station in Warsaw’s Ursynów by car, in which he brought an 11-kilogram cylinder with extremely flammable propane-butane gas, which forms an explosive mixture with air.
He parked the vehicle in the police parking lot and then turned on the cylinder valve. “When the gas filled the interior of the vehicle, the man sounded the horn of the car and thus lured the officers to the place, who left the police station,” the National Prosecutor’s Office reported.
When the policemen approached the vehicle, Piotr M. tried to light the lighter in order to cause a gas explosion. “The explosion did not occur due to too high gas concentration in the car and too little oxygen, which prevented ignition. Piotr M. was incapacitated by police officers. In the event of an explosion, there was a real threat to the life and health of the three intervening officers next to the car,” PK informed.
“He felt a grudge against the broadly understood judiciary”
After the arrest, it turned out that Piotr M. was under the influence of marijuana to a degree corresponding to significant alcoholic intoxication. 1.50 grams of marijuana were found in his car. “In Piotr M.’s mobile phone, recordings were revealed that indicated that he intended to commit suicide by blowing up the car, and at the same time planned to kill police officers,” explained PK. She added that the expert psychiatrists appointed in the course of the proceedings indicated that Piotr M. was sane at the time of the act.
“Piotr M. had personal and financial problems, he felt sorry for the broadly understood judiciary – in connection with the conviction for fraud and the court-imposed obligation to repair the damage. The man was previously punished. By the judgment of the District Court in Tarnowskie Góry, he was convicted of fraud on a penalty of six months of restriction of liberty – 30 hours a month of unpaid work for social purposes, the obligation to repair the damage in the amount of PLN 728. He did not fulfill the obligations imposed, “explained PK.
In the indictment, the prosecutor of the Mazovian Branch of the Department for Organized Crime and Corruption of the National Prosecutor’s Office in Warsaw accused Piotr M. of, among others, for the attempted murder of three police officers by causing a gas explosion, for a motive worthy of particular condemnation. “The next allegations concerned driving a vehicle under the influence of a narcotic substance in the form of marijuana and possession of a narcotic substance in the form of 1.50 grams of non-fibrous hemp herb” – noted PK.
Judgment of the court of first instance
On September 19 last year, the District Court in Warsaw found Piotr M. guilty of the alleged acts, while recognizing that the perpetrator did not act as a result of a motivation that deserves special condemnation. The court sentenced him to a total sentence of 12 years and seven months in prison and disqualified him from driving for four years.
On appeal, the defense attorney argued that the court made an error in factual findings, consisting in recognizing, despite the lack of evidence, that the accused tried to turn on the lighter and cause an explosion, and did not achieve this goal due to the excessive concentration of the gas mixture, while the evidence gathered in the case does not give grounds for such a claim . In the appeal, the defender also pointed out, in his opinion, an erroneous opinion of the expert regarding the concentration of marijuana in the defendant’s body and the gross disproportionateness of the penalty, and requested that the sentence be set aside and that the proceedings be discontinued and the defendant be acquitted.
The prosecutor’s office, in turn, appealed against the judgment, alleging an error in factual findings and an incorrectly adopted criminal classification by unfounded assumption that Piotr M. had not acted as a result of motivation deserving particular condemnation, and requested that the judgment under appeal be changed and the penalty of 25 years imprisonment be imposed.
Main photo source: PAP/Radek Pietruszka