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However, even two courts have already ruled against the fears of loved ones. Vilius Monstavičius, a 30-year-old from Telšiai, found himself in court as a result of this incident and was initially tried for murder. However, during the pre-trial investigation, insufficient evidence was gathered to support guilt and the charges against Telšiai were reclassified.
Instead of murder, V. Monstavičius was charged and convicted of a minor health disorder. In this way, the defendant was released from prison. He was sentenced to one year in prison for the crime he committed. This was reduced by two months due to the arrest.
Following the decision of the court of first instance, the Lithuanian Court of Appeal also had a voice in this story. After examining the resources of the next of kin and of the convicted person himself, the court declared that the decisions taken were correct, so there was no reason to change them.
The relatives asked the court to change the charges and convict V. Monstavičius of murder. They will also seek non-pecuniary damages in such a case. In turn, V. Monstavičius himself sought a complete justification. In addition, he insisted that there was no violence.
Threatening accusations
According to the case data, V. Monstavičius in 2018. On September 10, in the rehabilitation sanatorium, in case of conflict, 42 residents of Klaipėda were beaten with their fists and kicked with their shoes on. With his actions, V. Monstavičius caused a minor health disorder.
Although Telšiškis was still charged with murder, according to the conclusions of an expert, the victim had been injured at least 69 times. And according to the conclusion of another specialist, V. Monstavičius allegedly squeezed the victim’s neck and strangled him.
But the defendant’s attorney provided the conclusions of another expert. They allege that the cause of death could have been the medication that the victim took at that time, mixed with strong alcohol. The expert stressed that the injuries found did not affect death.
It is true that this was not presented as a categorical version, as it was emphasized that there was insufficient data to name the exact cause of death. Therefore, the court ordered an additional expert examination. He discovered that a victim who had fallen out of a wheelchair could suffocate.
The choke version was also rejected. It was noted that the victim was seriously intoxicated at the time of death (3.52% blood concentration). It was also reiterated that visible signs of violence on the body cannot lead to human death.
He realized death in the morning.
V. Monstavičius did not plead guilty in court. He claimed that he did not use physical violence against the victim, nor did he hit him with his hands or feet.
The man arrived at the sanatorium the same day for rehabilitation treatment. The sanitarium housed a room. There he immediately became familiar with 42 m. from Klaipėda, who lived in another room. After meeting, he agreed to drink alcohol.
Together in the store, V. Monstavičius bought two bottles of brandy. First he drank alcohol outside, then in his room, where there were only two. Two women who are in rehabilitation at the sanatorium promised to join them. While they were drinking alcohol, they were called several times, but the women did not come.
During the drink, according to V. Monstavičius, there was no conflict, there was no noise, he just turned on the television and listened to music. When consuming alcoholic beverages before 10 pm. the accused fell asleep.
When he woke up, the Klaipėda resident was sitting in a wheelchair. When he went to smoke, he saw him trying to get out of the wheelchair and he fell and was left lying on the floor. V. Monstavičius allegedly offered to invite a nurse, but she refused because she was drunk.
The stoned V. Monstavičius said that he had gone to sleep and that the 42-year-old fool had stayed in the room lying on the floor. When he woke up in the morning, around 8 am, he found that he was still lying down and not moving.
“I told him to get up, but he didn’t get up. I tried to get up, wake up, move my arms, maybe my legs, I yelled to get up. I didn’t realize he was already dead. Scared he wouldn’t get up, I went to the front desk and told the nurse that it was wrong for him. The nurse went to the room to see him and found him dead, “V. Monstavičius told the court.
According to the defendants, 42 people from Klaipeda may have been injured when they fell from a wheelchair.
“I do not control my right arm, I am severely limping, I have been diagnosed with a motor problem in my limbs, therefore I would not have been able to do the injuries mentioned in the accusation due to such a state of my health,” added Telšiškis.
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