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Old 12-04-12, 03:49 PM   #1
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Default Man who killed 3 burglars to save his family faces Russian justice

Gegam Sarkisian, a businessman from the city of Tula, killed three burglars as he was defending his wife and children. Four armed burglars broke into the man's house in the town of Bogoroditsk, the Tula region, on Saturday evening. Sarkisian lives in the house with his wife, adult daughter and four little children. His youngest child is not even 12 months.

The perpetrators were threatening the man with a gun, a knife and a baseball bat. They started beating the man's wife and children, but the head of the large family managed to show strong resistance to the burglars after he had managed to grab a kitchen knife. The man stabbed three attackers to death. The fourth one managed to escape from the crime scene. Gegam Sarkisian suffered injuries during the fight too. He was hospitalized; his family members received required medical assistance.

The fourth perpetrator has been reportedly arrested on April 10th. The man was said to have put the gun to the head of the man's youngest daughter, Bella. According to the man's relatives, Gegam grabbed the knife when the burglars threatened to kill the little child.

The police had to file a criminal case against Gegam Sarkisian under Part 2 of Article 105 of the Penal Code of the Russian Federation - "The Murder of Two or More People." The maximum punishment under the article is life in prison. Experts say, however, that filing a criminal case is a standard procedure in this case. The case will be re-qualified afterwards. Yet, the heroic father may face up to two years in jail for exceeding the limits of required self-defense. The degree of culpability will be determined through expertise of the wounds of the victims.

There are three versions for the situation to unfold. First off, the man was acting within the scope of law. A threat to the lives of his family members made the man act decisively. The second version: The man exceeded the limits because he killed the attackers as they were trying to retreat and actually decided to leave the house. It was said, for instance, that the man's grown-up daughter had broken the window and started calling for help. The third version: Sarkisian committed the murders in the heat of passion, so he was not controlling his own actions. Indeed, it is hard to imagine that the man could control himself as the burglars were beating his wife and children, threatening to kill them.

"We were lucky to stay alive! Gegam's daughter Marina Sarkisian said. - If it wasn't for the father, I don't know what would have happened to us. It was a usual evening. We gathered to watch TV after supper, as always. And then those monsters broke in. They just ambushed us, they started beating me, and then proceeded to the kids. One of them put a gun to my face and said that he would kill me if I don't give him money. He took all of my gold jewelry, while other men continued to beat our children. We have a seven-month-old child, a girl. They put a gun to her head and said that they would kill her. It was nightmare," the woman told NTV channel.

Gegam Sarkisian recollects that the burglars were beating the little children and adults equally strong. "One of them put a gun in my mouth," the man said.
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Old 12-04-12, 03:49 PM   #2
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However, experts say that it can be difficult to speak about self-defense if the man continued to defend himself and his family after the danger had passed. "If the danger passed, but the man continued defending himself and even started to attack them in return, then the story may take a different turn. The same can be said if the wounds of the victims are on their backs," an expert told Izvestia newspaper.

"In Russian legal practice, it is nearly impossible to prove that the man was acting within the limits of admissible self-defense. Establishing the limits of self-defense depends on how realistic the victim [Sarkisian] was when perceiving the threat and the degree of the threat. This is a matter of subjective perception, which is very hard to prove. Russian courts tend to accuse a person on trial of exceeding the limits of self-defense rather than acquitting them," lawyer Maksim Shemetov told the Kommersant newspaper.

Yevgeny Chernousov, another lawyer, believes that the serious consequences of the case may play against the owner of the house. "If he had killed one man, then it would have been possible to have him acquitted. But three corpses is just too much. I personally think that the man is not guilty at all, but our laws may decide otherwise.
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Old 12-04-12, 05:44 PM   #3
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Our law is quite specific now in this area .
It uses the words , proportionate action , to pin point a defence plea .
it will be an interesting case to follow as the outcome will be decided on the precise account of details that are given .
Without recalling exact details , we had a recent case where a man used huge force in retaliation to his shop being held up . This was judged OK . However , he chased one of the assailants outside and beat him to death in the street . This was unacceptable and he was given a prison sentence for this latter act .
This seems just .

In this case , where the defendant killed three and seriously wounded the fourth , a rational defence might be very difficult to sustain .
I guess his best chance is to claim that the balance of his mind was disturbed and that he cannot be judged mentally responsible for the incident .
Personally I would let him walk as a free man , if his actions don't look completely like deliberate slaughter and unbridled revenge .
Privately, I regard him as a hero .
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Old 12-04-12, 07:53 PM   #4
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1. 4 armed burglars enter his house

2. they beat his children

3. one holds a gun to his daughters head.


Father kills three of them. Give him a freaking medal, name a day after him. If some idiot held a gun to my daughters head, probably traumatizing her for life...he's a dead man if I get the chance. Why do we show mercy to violent criminals?
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Old 16-04-12, 10:24 AM   #5
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4 burglars? If for instance he let any of them get away what is to prevent them from extracting revenge at some later date?

But some societies have a strange to my notion about protecting the tender feelings of predators, I seem to recall a case in the UK where a little old lady was arrested for intimidation of some punks who she scared off with a toy cap pistol
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Old 16-04-12, 11:02 AM   #6
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Quote:
Originally Posted by kentuckydan View Post
4 burglars? If for instance he let any of them get away what is to prevent them from extracting revenge at some later date?

But some societies have a strange to my notion about protecting the tender feelings of predators, I seem to recall a case in the UK where a little old lady was arrested for intimidation of some punks who she scared off with a toy cap pistol
KFC ,
Stop peddling this indefensible line of , we are not so bad because someone else behaves similarly .
The American version of the Chinese , Two Wongs make it all White .

Of course the Granny was arrested .
That does not mean she was charged . Our friendly police will have taken her for a quiet chat and cup of tea .Then given her a lift home .
In the US they would have shot her , no doubt .
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Old 16-04-12, 12:59 PM   #7
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Do you remember a recent Iranian story, when a woman, who was blinded with acid - she has pardoned her attacker, a man who was scheduled to lose his sight in an eye for an eye punishment? It is very difficult to kill those who threaten you, in some time, but I would do the same, as this farmer did, if it happened to me. Though they could kill me before...
This man has been justified completely and thet will be no proceedings against him.
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