“With this appeal we ask the Court of Appeals to overturn the decision of the First instance court and recognize Davit Khachatryan guilty by the 2nd and 3rd parts of Article 373 of the RA Criminal Code (breach of rules for handling weapons, ammunition and items dangerous for others) and set a fair punishment”, Davit Khachatryan`s advocate Yerem Sargsyan said in the conversation with Iravaban.net.
According to him the procedure of the trial showed that a certain state mechanism was put in action to convict Davit Khachatryan. “We saw the joint work style of the Ministry of Defense, the Prosecutor`s Office and the court that it was decided to convict Davit Khachatryan to such a grave punishment in the condition that there was no prove”.
Nevertheless the advocate expressed his hope that the Court of Appeals will find a power inside itself to stand above all of this and would not do everything to please the side of the victim. “We believe there will be justice eventually”.
The advocate stated in the conversation with us that according to the accusation after Lyuks Stepanyan pronounced invectments Davit Khachatryan, preferring his Ego, neglecting the life of a person shot and killed Lyuks Stepanyan with a direct intention of killing him. As a consequence of the fired shot Hrachya Sargsyan got a firearm bodily injury and a grave damage had been caused dangerous for his life.
“We were trying to show the court through analysis and convince that Davit Khachatryan did not have any intention of killing Lyuks Stepanyan. The invectments had just been a joke. For that nobody would have killed the other in this situation, and he fired the shot unintentionally”, said Yerem Sargsyan, adding: “We proved this. The Court saw that all we said conforms to the reality, but as there was a problem of changing the article, he was to be judged by the article on murder, the court stated the following in the verdict – the court finds it proven that Davit Khachatryan did not have any intention on killing the victims, in particular Lyuks Stepanyan, he didn`t want his friends to be injured and Lyuks Steopanyan to die, but with all this the court also finds it proven that Davit Khachatryan pressed the trigger intentionally. And based on this his action was judged as a murder not with direct, but indirect intention”.
According to the lawyer, it is very important that Davit Khachatryan described in his testimony the conditions in which the accidental shot happened and that he hadn`t pressed the trigger intentionally. While the court stated that Davit Khachatryan`s testimonies were unreliable despite the fact that all he had said was confirmed by other evidence present in the case.
“The court did not deny what we said, as there is evidence in the case, but in order not to change the article, without any evidence it just added the last episode that the trigger was pressed intentionally”.
Let us remind that Davit Khachatryan was convicted to 17-year imprisonment by the verdict of the Court of general jurisdiction of Tavush region.