The tragedy occurred on 8 November 2014. The defendant accused of murder, Rafał Sz., was sentenced to 15 years in prison, while his brother, Marek N., responsible for the beating, was sentenced to one year in prison.
The convicted 35-year-old Marek N. (with no previous convictions) rented an apartment in Legnica and worked for a courier company. His 22-year-old brother Rafał Sz., who had previous convictions for theft, came to Legnica shortly before the murder and moved in with him.
On the day of the incident, an acquaintance came to the defendant Marek N.’s home with his sister. During their stay, the woman received a call from the victim, her former common-law partner, who had been homeless for some time and, while under the influence of alcohol, often called her asking where she was. He would then insult her. He behaved in the same way that day.
Marek N. overheard the conversation. He took the phone from the woman and argued with the victim. The man threatened him using vulgar language. Marek N. told his brother about the conversation. In the evening, at around 10 p.m., N. decided to escort his female friend home. He was under the influence of alcohol. Her brother came out to meet them. As they walked along Złotoryjska Street, Rafał Sz. joined them.
At one point, they saw the victim sitting on a low wall near the cooperative for people with disabilities. The man was drinking alcohol with a friend. The two defendants then ran up to him and immediately began beating him, and when he fell to the ground, they kicked him all over his body. Then, as they leaned over him, Rafał Sz. pulled out a knife and stabbed the victim twice—once in the arm and once in the chest. The men then fled.
They ran to the female friend and her brother. After buying beer at a nearby petrol station, they all went to an acquaintance’s apartment, from which they could see the crime scene and the resuscitation efforts. When Rafał Sz. admitted using the knife, the woman threw them out of the house. They went to another acquaintance, where they learned from a local online portal that the victim had died.
The two decided to flee to Warsaw, to their mother. They travelled separately. Marek N. was arrested as early as 10 November 2014. Rafał Sz. remained in hiding longer, until 21 November.
Both men were arrested. The victim died from a stab wound to the heart, which caused intensive bleeding into the pericardial sac and cardiac tamponade. Forty minutes of resuscitation efforts proved unsuccessful. Ultimately, the prosecutor charged Marek N., who did not know that his brother had a knife or that he would use it, with jointly beating the victim with his brother (Marek N. cannot be held responsible for Rafał Sz.’s excess). At the time, this offense carried a sentence of between six months and three years in prison.
Rafał Sz. was charged with both beating and murder with direct intent. He faced a sentence of 8, 15 or 25 years, or even life imprisonment.
Marek N. admitted participating in the beating. He did not know that his brother had a knife. He did not remember how many times or in what way he had struck the victim. Rafał Sz. did not admit to committing the offense and refused to give explanations. The case was heard by the Regional Court in Legnica.
In October of this year, a verdict was handed down in the case. The prosecutor assessed it as justified.
Regional Prosecutor’s Office in Legnica/ii