Both groups have been on the streets for a long time, and many have previous convictions. The two minors involved in the case, the younger one is only 13 years old. They did not know each other before, but also just from a few words in front of the hotel room door.
▲Wu Shiyong with friends. Page screenshot
The melee lasted only a few minutes.
Eight men broke into the room, four of them rushed to the 16-year-old Wu Shiyong, punching and kicking, Wu Shiyong was on the bed, suddenly he pulled out a folding knife with one hand, backhanded stabbing. One person was stabbed in the abdomen, died after rescue, and two others were stabbed.
Both groups have been on the streets for a long time, and many have had previous convictions. The two minors involved in the case, the younger is only 13 years old. They did not know each other before, but only from a few words in front of the hotel room.
The case was heard 10 months later, on March 2, 2022, in Anfu County, Ji'an City, Jiangxi Province. Due to the occurrence of the case Wu Shiyong is in the siege when the injury, so in the trial, Wu Shiyong whether belongs to the legitimate self-defense became the focus of the debate. Defense attorneys believe that Wu Shiyong without fighting intentionally, is in the other side of more than one person with a knife scolding provocation, was beaten before taking the knife waving, in the face of murder constitutes self-defense.
May 31, Anfu County on the case of the first instance verdict, Wu Shiyong behavior is self-defense, guilty of intentional injury, sentenced to eight years; also guilty of mobbing, sentenced to three years, several crimes, decided to implement ten years.
However, the case was sentenced to eight days later, Anfu County filed a protest, that the verdict there is a sentencing error, resulting in a disproportionate sentence; the next day, Wu Shiyong side of the criminal appeal.
August 31, the case in Jiangxi Ji'an City, intermediate second trial, but did not pronounce judgment. The case also once again caused controversy. The next day, the Ji'an Intermediate Court in response to the public issued a briefing on the case, saying that it will be based on comprehensive and objective facts of the case, to make a fair judgment.
At the same time, the briefing mentioned, there are some of the 16-year-old dropout's past. In the hotel with people, chasing students at school, in KTV fights, in the bar ......
▲August 29, the hotel involved in the room 410. 2022 May 8 early morning, took place in the room. Reporter Luo Zhenyu photo
Strangers who broke in
In the early morning of May 8, 2022, Wu Shiyong and his companion Xu Xin lived in the hotel room door was "bang bang" knock.
They didn't recognize the person who came. According to Xu Xin recalled, Wu Shiyong bare shoulders to open the door, the other asked a few words, Wu Shiyong back to the sentence "brother you knocked on the wrong door," and then closed the door.
The reporter obtained a case material records, knocking on the door nicknamed "Blackie", 19 years old, served a year in prison for provoking trouble, the incident just four months out of prison. The small black companion mentioned in the testimony, the door closed, the small black in the door to the inside said loudly: "still ancient me (that is, with the eyes of the stare), you wait (with), I went to call people."
This street is considered the most lively place in Pingdu Town, Anfu County. Even late at night, the street signs are still shining. Hotel in the northeast corner of the intersection, up and down six floors, or because the accommodation is only a hundred dollars a night, there are often all-night "young people" to stay here.
The night of the murder, Wu Shiyong and a man and two women stayed in the hotel. He was near the Yongxin County people, more than half a month ago, to Anfu County rental living. Wu Shiyong's a companion told reporters, Wu Shiyong previously in Yongxin County and a group of conflict, the left arm was axe injuries, recuperated for more than two months. In order to avoid the embarrassment of meeting acquaintances in his hometown, he went to Anfu County, intending to find a waiter's job.
According to the verdict, the night of May 7, 2022, Wu Shiyong and his companions in the KTV singing and drinking, 23:10 or so, Wu Shiyong and 13-year-old Xu Xin, took two girls to the hotel. Shortly afterward, the two girls went out and met three other men near the hotel.
The girls said in their testimony that the other invited them to eat with them, but they did not like one of them named "Blackie", they returned to the hotel.
The three men followed. Coincidentally, Blackie lived in the same hotel room 405. Back to the hotel, he passed by room 410, heard the sound of two girls in the room, then knocked on the door of 410.
Eat the "closed door soup" after the black hit called two friends, said "someone to". Before his friends arrived, he went back to the room to take a, and to the second floor of the hotel to put the place of miscellaneous goods, took a welded steel pipe wood knife.
After his friends arrived, Black again knocked on the door of the room 410, but no one opened the door. According to Xu Xin, who was in the house at the time, recalled that the knock was louder than once, "kind of kicking the door."
At about 0:45 a.m., Blackie went to the front desk of the hotel to get the master card to open the door and returned to the door of room 410.
▲August 28, the outside of the hotel involved. Reporter Zuo Lin photo
Melee
The door lock turned, five people into the 410 room.
A dozen meters of the room, occupied by two single beds most of the area. Xu Xin said he and Wu Shiyong did not expect the other side will take the room card directly to brush the door, the other side of the people are tall and fierce, shouting at them, "Give you face!" "Give you time to call yourselves."
The judgment shows that after the door to the room was opened, Xiao Hei entered the room with his hand, woodchipper, leaned the woodchipper against the wall of the entry door, and the rest of the four people followed into the room. Xiao Hei with pointing to Wu Shiyong, asked them who they were, where they came from, with whom to mix, and let Wu Shiyong call someone over. Wu Shiyong then fought, saying that someone wanted to beat him, and told them to "bring something over". Xiao Hei's companions see, also hit the caller.
22-year-old "seafood" is one of the last three people to come. His name is Luo, after dropping out of junior high school, he went to the field to work, every once in a while to go back to his hometown in Anfu, friends often call him "seafood". Before the incident, he was near the hotel, just happened to meet a group of friends called by the small black, they went along.
0:48, seafood three people into the hotel.
It happened in a flash. According to the verdict, someone on the side of Blackie took off a slipper on his foot and smashed it towards Wu Shiyong, and pointed his finger at the room, shouting "fight". Wu Shiyong fight back, seafood and other three people swarmed, with fists Wu Shiyong, and one person kicked Wu Shiyong a foot.
At this point, Wu Shiyong caller has not hung up. The answer to the companion told reporters that he heard the opposite came yelling voice: "Yongxin dare to run to Anfu to play gong (Jiangxi dialect, meaning mixed)!" Mixed with the sound of slippers slapping, Wu Shiyong shouted "do not mess with me!" The network signal is interrupted.
The verdict shows that in the confusion, Wu Shiyong took out the folding knife that he carried, stabbed a person's right shoulder, another person's waist with blood. Accompanied by "ah" sound, seafood covering the stomach fell on the bed.
According to a friend of Wu Shiyong, the folding knife is Wu Shiyong before the incident Purchase, a ***3, the blade is about 10 centimeters long. Because a group of Anfu "found trouble", in order to defend themselves, Wu Shiyong will be one of the portable.
After the seafood was stabbed, he was seen trying to get the knife, but did not pick up, the knife fell to the ground.
Wu Shiyong confessed that he saw the wood knife was squeezed off the ground, he threw, picked up the wood knife towards the other side waved a few times, the other side are running out, he took the pipe knife to chase, in the elevator entrance to stop Xiao Hei, warned him not to come back to mess with himself, Xiao Hei said well, he let Xiao Hei go.
Wu Shiyong and took the wood knife to chase outside the hotel, his companion picked up and followed, the crowd downstairs dispersed, blood drops from the hotel lobby all the way out. Seafood wearing a white T-shirt, body soaked in blood, collapsed in front of the hotel.
▲Wu Shiyong had wandered with his companions in the square. Reporter Zuo Lin photo
Escape
At about 0:52, Wu Shiyong out of the hotel, running in the direction of the rental house.
"We thought the other side will also take weapons back to counterattack, so we went down with a wood knife." Xu Xin told reporters, almost to the intersection of the rental house, they met rushed friends Liang Li and other three people, they took the fruit knife just bought and Wu Shiyong previously purchased red tasseled gun, folding knife.
"I saw his hand so much blood, the whole head, back are swollen, he said it was fine, it is the fingers scratched." Liang Li recalled to reporters, a few people met, Wu Shiyong will be thrown on the side of the road, said he stabbed someone. Because of the fear of retaliation, Wu Shiyong let everyone rush to run.
He and Xu Xin, Liang Li three people hitchhiking to the countryside of Yongxin County run, the road and folded to Xinyu City.
Wu Shiyong to Liang Li mentioned this scene, said several people surrounded him, put him down on the bed to beat, turn over, feel very suffocated, can only one hand holding a knife to stab back. Liang Li said, after hearing rumors that someone died, Wu Shiyong still do not believe, has always said "impossible".
According to Wu Shiyong's companion recalled that on the 8th at more than 5:00 am, Wu Shiyong and his party and companions met in Xinyu to go to the hotel after rest. Soon after, Xinyu Yushui Branch in Yushui District, North Shengli Road, Tai'an Hotel will be arrested Wu Shiyong and others.
While Wu Shiyong and others were on the run, Seafood's stepfather was riding a motorcycle from a village more than 60 kilometers away to Anfu County.
May 8, more than 1 am, the stepfather received the incident called, a moment of disbelief. "Recently busy?" He tentatively sent a WeChat to seafood. Seafood's called: "Uncle, seafood accident, you hurry over." That end is the voice of his son's classmates, he realized, "Seafood really had an accident."
Admission records show that at 2:30 on May 8, seafood was declared dead. Seafood Department of the abdomen was stabbed with a sharp object, resulting in rupture of the superior mesenteric artery, the right renal artery rupture, acute massive blood loss and death.
The day of the case, Anfu County decided to investigate the case. Xiao Hei gang, in addition to the deceased and the one who did not do anything, were all on May 8-21, 2022 voluntarily surrendered to the police, or were summoned to the case, arrested and returned to the case.
Wu Shiyong, who stabbed the seafood to death with a knife, was also criminally detained on May 9, 2022, and arrested on May 22, detained in Anfu County Detention Center.
Controversy
February 25, 2022, Anfu County on his behavior to Anfu County filed a public prosecution. March 2, Anfu County opened the case.
A case material obtained by the reporter shows that after the incident, Wu Shiyong also wanted to let the younger companion to take the blame. Wu Shiyong mother also confirmed to the reporter, Wu Shiyong Xu Xin said: "You are under 14 years old, will not bear criminal responsibility, then said you stabbed." But when interrogated, Wu Shiyong still told the truth.
Because Wu Shiyong knife wounding behavior is in the siege occurred, the trial, Wu Shiyong whether the establishment of self-defense has become the focus of controversy.
The public prosecutor's office believes that Wu Shiyong's behavior has constituted the crime of intentional injury, the defense is excessive. Taking into account the fact that Wu Shiyong is a minor, after the return of the truthful confession of facts, voluntary confession of guilt and punishment, and actively compensate the victim's family losses and understanding, it is recommended that the crime of intentional injury sentenced Wu Shiyong five years.
It is worth noting that, in addition to the above hotels, Anfu County accused Wu Shiyong of the facts, there is also a brawl that occurred in 2022 February. In this regard, the Public Prosecution Office recommended that Wu Shiyong be sentenced to two years for the crime of gathering a crowd to fight and found to be evil.
Wu Shiyong's defense attorney argued that the case, Wu Shiyong without fighting intentionally, with the intention of self-defense, on the side of the small black murder is self-defense, there is no "obviously more than necessary", there is no self-defense; Wu Shiyong in the case of youthful rebellion, due to improper family education led to the poor, embarked on the road. The court requested the court to focus on the concept of saving. Request the court in line with the concept of focusing on saving, several crimes, sentenced to six years appropriate. In addition, Wu Shiyong involved in the number of times did not reach the standard of evil.
that, Wu Shiyong Department of over-defense - although Blackie carried, but did not use to hurt Wu Shiyong, Blackie side only with slippers to throw Wu Shiyong, four only is to hit Wu Shiyong with his hands, feet, Wu Shiyong, Wu Shiyong's degree of injury does not yet constitute a grade rating. Xiao Hei party's behavior did not seriously endanger the personal safety of Wu Shiyong, and did not pose a serious imminent danger to his personal safety, does not belong to the act of murder. Evil, that "the number of participation does not meet the standard of evil" and the facts do not, not adopted.
May 31, Anfu County, the case made a first-instance verdict: Wu Shiyong committed the crime of intentional injury, sentenced to eight years; guilty of mobbing, sentenced to three years, several crimes and decided to implement ten years.
However, a week after the verdict, June 8, Anfu County filed a protest, arguing that the verdict there are sentencing errors, resulting in sentencing aberrant, misdemeanor sentencing, the application of penalties is clearly inappropriate.
June 9, Wu Shiyong side of the criminal appeal. the morning of August 31, Ji'an City, intermediate Wu Shiyong suspected of intentional assault, mobbing and fighting crime appeal, the case of resistance to the court hearing.
The court released the case mentioned in the briefing, in the second trial court debate stage, Wu Shiyong's defense lawyer defense, Wu Shiyong in the case of knife injury, the establishment of special defense, not criminally responsible. If the defense is found to be excessive, should also be mitigated according to age and behavior. But still think, Wu Shiyong constitute the crime of intentional assault and battery, but the sentence is too heavy. The case was not pronounced in court.
There have been a number of "anti-killing case" lawyer Yin Qingli that the current provisions of the "self-defense" has been relatively clear, to determine whether it constitutes self-defense, the general principle of the defender's point of view. In Yin Qingli's view, for cases involving the nature of self-defense, especially in cases involving minors, in the arrest and prosecution should be cautious, the evidence should be fully understood and grasp, whether to prosecute as well as sentencing standards to be considered comprehensively.
In more and more cases, there are discussions and even debates about legitimate defense.
On September 22, Miao Shengming, director of one of the higher halls, said at a press conference on "Contributing to the Comprehensive Comprehensive Well-being" that in recent years, the proportion of cases applying to legitimate self-defense has increased significantly, and that 819 people were not arrested or prosecuted for legitimate self-defense in 2022 and 2022***, which is 2.8 times as many as in the previous two years. .
"We believe that such discussions and debates are of positive significance." Miao Shengming said, in order to respond to the different understanding in practice in a timely manner, the standard of uniform application, 2022 the end of the year, the higher prosecutor specifically issued the application of self-defense 12th batch of guiding cases, 2022 the higher prosecutor and in conjunction with the higher, issued the application of the guidance of the system of self-defense, the same year, but also specifically issued six new types of self-defense of the typical cases.
Miao Shengming pointed out that the next step will be to strengthen the law, reasoning, emotional integration, greater protection of the legitimate rights and interests of the defenders; strengthen the evidence guidelines, timely and comprehensive collection of evidence of self-defense, fixing, and work; strengthen the bearer of the justified self-defense, or defensive circumstances of the case to dare to identify, but also publicity to guide the right of legitimate self-defense can not be abused to avoid excessive and undue damage. The damage is not due to the fact that it is a case of self-defense.
"The idol of the people on the road"
In addition to this knife wounding case, Ji'an Intermediate Court issued a case report also mentioned some of the past of Wu Shiyong.
Between April 2022 and February 2022, Wu Shiyong, who is still in Yongxin County, was in a hotel with someone, in the bar with a knife, squatting in front of the middle school during school hours, chasing schoolchildren, fighting in a KTV, stoning a car, and stabbing a person in front of a hospital with a stone.
Because of the facts involved in the crime of mobbing two, the fact that the detention of a crime, provoking trouble violation of three, he was thus recognized by the public prosecution as "evil", but taking into account the age of Wu Shiyong, only one 2022 February occurred, so Wu Shiyong was found to be suspected of mobbing crime.
A friend familiar with Wu Shiyong told reporters that it was in this, Wu Shiyong held stabbing, chased each other with a red tasseled gun, but was axed and injured his left arm, fleeing, he hit the arm of the steel nails, "lifting can not lift up."
In fact, in Yongxin County, a particular circle, 16-year-old Wu Shiyong has been "famous".
Even though he dropped out of middle school, many local high school students have heard of him. In the interview, they told reporters that this happened in Anfu, "no surprise", earlier they often see Wu Shiyong in the county streets mixed stubble frame, "is the idol of the road."
Liang Li is in the "road" and Wu Shiyong acquaintance. It was August 2022, he was threatened by a group of people, I heard that Wu Shiyong "mixed well", they asked friends to ask him to step in, and then the matter was easily resolved.
Liang Li said, in their circle, Wu Shiyong counted the older, will be called a "brother". In their eyes, Wu Shiyong "very righteous", "a brother needs money, he will not say anything to pull out, do not return also does not matter. No matter what, as long as he called him, he will help smooth things out."
Wu Shiyong, who is still underage, has a far older "maturity". A few weeks before the knife assault case, a group of people knocked on the door of Wu Shiyong and friends in the hotel room "looking for trouble". Wu Shiyong "peacefully" to each hand a cigarette, a few words on the settlement.
A teacher often see this child's photo in the classroom group, the impression that he is a "problem youth".
He learned to smoke a long time ago, and has a hairstyle and likes tattoos. The pattern is all over his left arm and back, and there is a flower on his chest.
▲The small black side of the firewood knife that carries the steel pipe.
From the "obedient child" to the street boy
In familiar with Wu Shiyong's classmates and friends, Wu Shiyong's "change" from the middle school.
Three years before the incident just on the first year of junior high school, Wu Shiyong is still a short-haired student look, the results are not bad. When not in school, he likes to carry a tablet computer to watch the popular, bumped into the elders next door, will politely "auntie".
Parents divorced early, his mother Wu Xia took him to rent in the county edge of the low-rent housing. Wu Xia feels that his son is usually quite obedient, despite their own often work outside, but the son is still very strict, a week only let him go out to play once or twice. "We have a bad culture here, I will tell him who he can't play with, and what I'm most afraid of is that he will go to fight."
His mother is the closest person to Wu Shiyong, and once his mother had minor surgery, and at a young age he was desperate to borrow money from everywhere. But he also complained to his neighbors of the same age that he had "no freedom", and even the invitation to "go to the park" could only be declined. Sometimes when he goes to his neighbor's house to play, he takes out the old phone he stole and reads it on the couch.
Wu Shiyong's classmates told reporters that after junior high school, Wu Shiyong's academic performance fell, the side of the "friends" are also more, fights become common.
In the briefing mentioned a few, Wu Shiyong's middle school alumni Deng Bing has appeared many times. He has seen Wu Shiyong was other students "bullying", a few people surrounded him with fists, fan mouth, "Wu Shiyong is not a person who suffers. Some people hit him, he will fight back."
In the summer of 2022, Wu Shiyong and four friends in the second year of junior high school about to go to Shenzhen to work, they do Bluetooth headset in the electronics factory, assembly line on more than a month, each person to get more than 2,000 yuan in compensation, and then resigned to return to the county. Deng Bing said, working back, Wu Shiyong never went to school.
In Liang Li's impression, after dropping out of school, Wu Shiyong most of the time and "friends" to stay together, playing games, playing cards, drinking, singing K, to go to the crowded square "look at the girl".
Fighting is also increasingly fierce. Liang Li said, Wu Shiyong after dropping out of school with a "boss", "boss" taught him on the street to be messed with people do not goad, fights from the way to become "knife".
Wu Shiyong rarely talk to his mother about the experience of dropping out of school, the two separated, and did not realize that his son's change.
From the second year of divorce, Long Jun never saw his son Wu Shiyong. "Once, Wu Shiyong let me transfer money to him to go out to work, I did not give, and then he did not follow me." In Long Jun impression, Wu Shiyong is still the well-behaved and obedient young son, until one day in 2022, Wu Shiyong because of the fight was questioned by the police, he was called.
Long Jun felt that his son has changed a lot, "grew very tall, but also became unintelligent." He could not figure out why, "This is a family problem, right? The tutor may also have a little problem."
After the incident, Long Jun wrote three letters to Wu Shiyong in the detention center, urging him to "do well". In more than a year in custody, Wu Shiyong to his mother, aunt and grandfather to write a letter of greeting, only did not give a reply.
Early dropout, wandering not only Wu Shiyong, was stabbed by his seafood have similar experiences.
Seafood's stepfather, Zhu Qingmin, told reporters that seafood at the age of 5, pro-life died, the mother went to work around the world, seafood has been living with his grandparents until the age of 13 was taken back to his mother and stepfather. Father and son do not spend much time together. "He rarely took the initiative to WeChat with me, fight, unless it is to ask for money." Zhu Qingmin said, only to ask for money, he will shout "Dad".
Half a semester left in junior high school, Seafood does not want to read again. After dropping out of school, he did an apprenticeship in the town, a few months after the tiredness to go out to work, half a year later and give up. Come back to play a few months, and then go out to work, so repeatedly, earn as much as spend as much.
Unfortunately, seafood after dropping out of school "changes" did not enter the family's vision in time. Zhu Qingmin said, at home, seafood is always very silent, the most common thing to do is hold the phone, squatting on the threshold of the game. He played outside what, parents do not know, "we call him, he said in the home of his classmates, said to ensure that they will not do bad things."
Time back to the late night of May 7, 2022, seafood in the hotel and friends drinking, Wu Shiyong and his friends in the hotel across the street to stay. On that unusual night, two strange young men met in the middle of a scene.
(At the request of the interviewee, the text of Wu Shiyong, Xu Xin, Liang Li, Deng Bing, Zhu Qingmin, Wu Xia, Long Jun are pseudonyms)
Reporter Zuo Lin intern Zhang Chi
Editor Li Ming
Proofreading Liu Yue
The above is related to the 88 Dragons are easy to divorce, is a share of self-defense. After reading the most prosperous age for 88 dragons, I hope this is helpful!