Oleg Totsky intends to appeal regional court 2-year penal colony sentence
Penza, 19 November 2014. PenzaNews. The famous Penza businessman Oleg Totsky, chairman of the regional branch of “Opora Rossii,” intends to appeal the final judgment, according to which he will spend 2 years in penal colony for a traffic incident that led to a death.
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Following the meeting held at Penza regional court on Wednesday, November 19, he told reporters that the criminal case of an accident with a motorcycle driver killed and his passenger injured will have negative impact on the traffic situation in the region.
“I assure you that now the Penza region courts will start stating that all the drivers rushing through the city streets with huge speeding on main roads are always right,” said the businessman.
Oleg Totsky added that he was convicted, although he “did not violate anything, but happened to be in the wrong place by accident,” and his sentence has not been changed, despite nine circumstances mitigating the punishment and the absence of aggravating details.
The businessman also expressed his surprise at the fact that the order made earlier by the prosecutor’s office of Oktyabrsky district of Penza was suddenly withdrawn on the day of the hearing.
“It [the prosecutor’s office] believed that the judgment is illegal and I should be sentenced to 3 years suspended. Think for yourself, read for yourself and determine what kind of trial it is. When the court appointed me 2 years in a penal colony, they appealed to the regional court. It came as surprise that it has been withdrawn today — on the day of trial. This makes one think there lies some mystery that we do not know about yet,” he said.
Oleg Totsky claimed he intends to prove his case by all means possible.
“I received an actual sentence. Instead of building the barns and a private school that I was going to construct, I will sit in the prison bench and darn someone’s socks,” the businessman noted.
Earlier, Vyacheslav Sarvilin, Penza regional court judge, partially upheld Oleg Totsky’s appeal in which he requested to withdraw some evidence; however the punishment remained unchanged, although the businessman and his lawyer Marta Dybnova tried to cancel all charges or reduce the sentence period.
In particular, they insisted that the scene inspection protocol gives the wrong intersection of the tragic accident.
In addition, they asked the court to take into account the data provided by experts and witnesses, that at the time of the accident victim Marat Sharipov, who was driving the motorcycle, had violated the speed limit and made an unreasonable maneuver.
Moreover, the defense drew the court’s attention to the fact that the young man had no driver’s license and drove the vehicle which was not registered in the prescribed order and was not subjected to technical inspection.
Also, the court considered the appeal of the father of the deceased motorcyclist Rashit Sharipov, according to which Oleg Totsky’s voluntary compensation of moral damages in the amount of 1,050 thousand rubles is insufficient. He requested 10 million rubles, but in the course of the meeting changed that it to 5 million rubles. As a result, the appeal was dismissed.
Also, the regional court did not satisfy the requirements of the second victim — Ruslan Yakhin, who was in the passenger seat of the motorcycle and suffered serious injuries at the time of the accident. He expressed his disagreement with the fact that the convict paid only 250 thousand rubles for moral damages, instead of requested 899 thousand rubles.
The hearing in Penza regional court lasted over two hours.
As PenzaNews agency reported earlier, in the evening on September 14, 2012, Oleg Totsky collided with a Suzuki-250 motorcycle when performing a U-turn on car “Lincoln” on Prospekt Pobedy Street in Penza. As a result of the accident the driver of the motorcycle, born in 1991, died on the scene, and the passenger was hospitalized with injuries of varying severity.