The Tyachiv District Court of the Transcarpathian region found former patrol police officer Mykola Marichak guilty of abuse of power and sentenced him to 7 years in prison. The court also decided to strip him of his special rank of police corporal and ban him from holding positions in law enforcement agencies for three years. The verdict can be appealed.
The incident occurred late in the evening of September 5, 2021 at a gas station in the village of Neresnytsia, located in the Zakarpattia region . A police car arrived there. At the same time, a horse-drawn carriage drove into the area, from which two men got out. A verbal conflict arose between one of them and the police officer.
According to the case file, during the argument, the man swung his weapon and hit a law enforcement officer. In response, Mykola Marichak struck back, after which the man fell to the ground. He was later picked up and put in a cart. After the incident, all participants dispersed.
The court examined surveillance camera footage, statements from the parties, and other evidence. The decision noted that the victim was elderly and the police officer had a physical advantage. The court concluded that there was no reason to use force, and the police officer's actions exceeded the limits of his official authority.
The day after the incident, the man's condition deteriorated sharply. He was hospitalized, where doctors diagnosed a traumatic brain injury. After two surgeries, he was in a coma and died 13 days later from complications caused by brain swelling.
At the trial, the defendant partially admitted the circumstances of the incident, but disagreed with the legal qualification of his actions. He claimed that he acted reflexively after the blow and that the man was intoxicated. However, the court did not accept these explanations as grounds for justifying the use of force without proper legal grounds.
The decision in the case was made by Judge Myroslava Stetsyuk . The sentence includes actual imprisonment, a ban on holding positions in law enforcement agencies, and deprivation of a special rank.
"Court Reporter" reported on the progress of the proceedings . The parties have the right to file an appeal within the time limit established by law.
