The man who sent Xu Yuan to the hospital was her boyfriend, Shan, who had established a love relationship with her more than two months ago. They had just lived together for half a month. On the night of the incident, Xu Yuan and her boyfriend had a dispute at home, which lasted from inside to outside. According to the verdict of the first instance, during the period, Shan insulted and beat Xu Yuan verbally, resulting in multiple injuries to his head, face and body. When they returned home, Xu Yuan stabbed himself in the chest with a fruit knife
▲ Incident site
It is reported that Shan has no job. He runs a funeral home and has three violent criminal records. When being investigated by the police, Shan claimed that Xu Yuanshi committed suicide. Later, Shan was prosecuted for causing death due to suspected negligence. In September 2023, the court of first instance decided that the evidence was insufficient and the defendant Shan was not guilty. But Xu Yuan's family couldn't accept the result. On March 27, 2024, the second trial will begin.
Recently, Ms. Xu, Xu Yuan's sister, told Red Star News that Shan had nothing to do with Xu Yuan's death, but only Shan was present at the time of the incident. What happened that night? They believe that there are still doubts about the investigation results of "Xu Yuan Family Suicide", and the current objective evidence can hardly exclude the possibility of homicide. At present, the second trial is still in progress.
Women's shirt with knife in the chest has no break
Only her boyfriend was there when it happened
On February 12, 2022, Xu Yuan and Shan, who were introduced to each other, confirmed their love relationship. Two months later, they live together. According to the verdict of the first instance, Shan, Xu Yuan and several friends ate and drank at the local barbecue and singing hall at more than 6:00 p.m. on April 25, 2022. In the early morning of the next day, after shopping in a nearby supermarket, Shan and Xu Yuan returned home and had a dispute. From inside to outside, Shan insulted and beat Xu Yuan verbally. Later, when they returned home, Xu Garden had an accident.
According to the on-site photos provided by Ms. Xu, Xu Yuan was lying on the floor, with mottled blood stains under her nose and mouth. Xu Yuan had a knife in his left chest, and his white clothes were propped up by the handle, which only covered half of his body. The hem of the clothes was dyed red with blood, and the exposed skin also had large blood stains. According to the photos taken by the police, there was a white bath towel stained with blood between the kitchen and the living room where Xu Yuan fell.
At 1:02 a.m., Shan dialed 120 and called his parents who lived in the same community. In the judgment, Shan and his parents said that they were worried that the ambulance would be too late that night. Shan and his father drove a van to send Xu Yuan to Dalian Pulandian Central Hospital. The testimony of the ambulance driver showed that he drove to the incident site in the community, found a van of the injured family members driving away quickly, and then drove close behind.
At 1:36, Xu Yuan was sent to the hospital, and soon was declared dead. Shan called the police. According to the appraisal of Dalian Pulandian District Public Security Judicial Expertise Center, Xu Yuan's sharp instrument stabbed and cut the chest, resulting in massive bleeding and rupture of the left lung and heart; Xu Yuan's eyes, nose, left ear, etc., and lower lip mucosa damage and bleeding are consistent with the formation of blunt external force, which can be formed by beating with bare hands; The forehead, left upper arm and lower limbs are formed under the action of external force... The blood stains on the palms of both hands are hollow, and the finger joints of the right hand are scratched. But Xu Yuan's coat was not broken. Ms. Xu told Red Star News that on the night of the incident, there were only two people, Shan and Xu Yuan, and no third person confirmed what had happened.
According to Shan's confession, Xu Yuan went to take a bath that night first. Because Xu Yuan didn't agree with his request to cook instant noodles, they had a verbal conflict. Shan slammed the door and went out. Xu Yuan surrounded a bath towel and chased him out. The two men tore in front of the building more than ten meters away from home, and Shan beat Xu Yuan with his hand several times, then dragged his whole person to the ground... Later, Shan persuaded Xu Yuan to go back to their residence first, and they went back home one after another.
Shan said that after Xu Yuan came in, he found a white dress and put it on. He went to the kitchen sink and picked up a fruit knife, pulled out the scabbard, turned around and said, "I'm sorry about Xu Yuan." Then he suddenly lifted his clothes and inserted the knife into his left chest.
Boyfriend has three violent criminal records
Make up after hitting the woman
At more than 3 a.m. that night, Ms. Xu received a phone call from her mother. She learned that her sister Xu Yuan had had an accident, and she and her husband drove back to Pulandian District from the High tech Park. At about 4 o'clock, she arrived at the Central Hospital of Pulandian District, Dalian City. When she learned that her sister had died, her father was sitting on the ground at the door of the ward, confused, and clicked on Xu Yuan's WeChat avatar in his mobile phone, and cried while watching. Shan has gone to the Tiexi Police Station in Pulandian District.
After the first autopsy the next day, Ms. Xu saw her sister's body. According to the photos taken by Ms. Xu, Xu Yuan has bruises and wounds on her face, hands and legs to varying degrees. Ms. Xu said that she wanted to wipe the blood on her sister's body, "but her hands were shaking all the time, and she could not move."
Ms. Xu finds it hard to accept her sister's death. She said that three days before the accident, on April 23, Ms. Xu and her husband had had dinner with them. That was the first time Ms. Xu met Shan, and she had a bad impression of him. When eating roast duck, Xu Yuan offered to give Shan a roll of spring cakes. Ms. Xu has never seen her sister like this. In her impression, her sister's character is like a woman man. "If she is beaten, it is impossible not to fight back and resist." After returning home, she felt uneasy and wanted to call her sister to talk about Shan, but when they talked, Xu Yuan and Shan were still in the mall, Ms. Xu did not speak. Two days later, they did not contact again until something happened to Xu Garden.
Ms. Xu said that a single family opened a funeral home. According to the verdict of the first instance, Shan is unemployed and has three violent criminal records. In 2014, Shan was sentenced to one year and suspended for two years for intentional injury; During the probation period, if the probation is revoked for the crime of affray, the sentence is four years and two months; In 2021, if he is detained for 15 days for beating others, he will be fined 500 yuan. According to the verdict, Shan's ex girlfriend said that Shan had beaten her after drinking.
Xu Yuan was also beaten by Shan. According to the testimony of the witness in the judgment, on the evening of April 20 of that year, Xu Yuan found Shan who was drinking in the funeral store run by Shan's parents, and Shan beat Xu Yuan crazily with alcohol; And Shan's father also mentioned in his testimony that on April 20, Xu Yuan called to say that he had been called by Shan. Shan's father rushed to the scene to mediate, and the two were reconciled again. Four days later, Xu Yuan accidentally touched Shan at home and was also beaten and scolded by Shan.
In addition, the public security organ extracted the chat record between Shan and Xuyuan, which showed that they had a conflict at 9:00 p.m. on April 23. Shan said to Xuyuan, "Go to hell.".
As for whether Xu Yuan suffered from depression, doctors from Nanshan Hospital, Pulandian District, Dalian City once received Xu Yuan. They believed that Xu Yuan was anxious, depressed, had sleep disorders, and whether his symptoms were serious could not be determined. It was also impossible to determine whether Xu Yuan would commit suicide or self mutilation. In addition, Xu Yuan's ex boyfriend, ex colleague, friend and boss all confirmed that Xu Yuan had told them that they were suffering from depression, but they had not seen their depression performance. In her testimony, Ms. Xu also said that Xu Yuan only had mild anxiety disorder, not depression.
First instance judgment:
The evidence is insufficient, and the boyfriend is innocent
On the second day of the incident, the local public security organ filed the case. Shan was held in criminal detention the next day and later changed to residential surveillance. Ms. Xu told Red Star News that because the deadly tool, the fruit knife, was contaminated with blood stains, the fingerprint could not be detected, and it could not be confirmed whether it was homicide. Later, the case was filed on suspicion of causing death through negligence.
During the investigation, three autopsies were carried out to determine whether to commit suicide or homicide. Ms. Xu told Red Star News that on May 9, 2022, the second autopsy was over, and the police told that the left puncture wound on the body could form by itself, while not ruling out the possibility of homicide.
Dalian Pulandian District Public Security Forensic Identification Center believes that Xu Yuan's wound is fusiform, the wound angle is blunt at the top and sharp at the bottom, and the wound path is left front up to right back down. The width of the tissue and organ break in the wound path is similar to the width of the fruit knife, and the body surface wound and wound are relatively regular and free of deformation... According to the comprehensive analysis of the characteristics of the death's injury, clothing status, the scene and the case, It is believed that Xu Yuan's left chest stab wound can be formed by himself.
Ms. Xu said that the identification result did not mention the evidence excluding homicide. In addition, in the supplementary investigation materials, she saw that the investigation result turned into "Xu Yuan's suicide". In December 2022, the People's Procuratorate of Pulandian District charged Shan with the crime of causing death through negligence and initiated a public prosecution.
In September 2023, the People's Court of Pulandian District ruled in the first instance that the evidence was insufficient and the defendant Shan was innocent. The court held that: first, the existing evidence was not enough to prove that Xu Yuan and Shan had suicidal thoughts when they had conflicts, and Shan could not predict that his behavior might lead to Xu Yuan's suicide with a knife; Second, the existing evidence can not prove that Shan's behavior and Xu Yuan's death result have a causal relationship in criminal law. The testimony of witnesses confirmed that Xu Yuan did not have obvious depression and abnormal behavior. Shan's beating behavior was responsible for the intensification of contradictions. Although it objectively caused damage, it was not intentional or negligent, but caused by unforeseen reasons, Can not be identified as a crime; Third, Shan has fulfilled the necessary relief obligations.
▲ First instance judgment
Ms. Xu and her family could not accept this result. In December 2023, Ms. Xu applied to be the case agent. Ms. Xu said that there were still some doubts about the investigation results of "Xu Yuan Family Suicide", and it was difficult to exclude the possibility of homicide from the current objective evidence. For example, the specific fingerprint could not be detected when the fruit knife involved was contaminated by blood stains, and the autopsy report did not exclude the identification of homicide. However, there were doubts about the night that Shan said, why did Xu Yuan lift his clothes in advance when stabbing the knife into his chest? When the temperature was not high that night, why did Xuyuan just wrap up a towel and go out?
On March 27, 2024, the second trial of the case will begin. Ms. Xu said that at that time, she met Shan, who said that Xu Yuan's death had nothing to do with her. At present, the second trial is still in progress.
Ms. Xu told Red Star News that her mother had been working on the construction site to earn money to support her family; His father had sudden deafness, so he had to wear a hearing aid and rely on drugs when going to the toilet. On Tomb Sweeping Day, when the family went to visit the tomb, Xu Yuan, as the youngest generation, whose name was originally red, has become black.
Red Star Journalist Cai Xiaoyi Intern Wu Lin
Edited by Zhang Li and directed by Deng Pinguang
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