Grigore Andreș, the young man from Zagra who, in the fall of last year, killed his own father because he scolded him all the time, was sentenced a few days ago by the Bistrița-Năsăud Tribunal to 11 years in prison with execution. That’s given that he admitted to committing the crime. At the same time, the court obliges him to pay his grandparents and sisters, who did not form civil parties in question, 5,000 euros moral damages, plus another 2,700 lei court expenses.
“Condemnity on defendant A. G. I., to the sentence of 11 years imprisonment and the complementary punishment of the prohibition of rights prev. of art.66 letter a, b, d Criminal code for a period of 5 years, for committing the crime of domestic violence in relation to the crime of murder, prev. of art.199 par. 1 C.pen. rap. in art.188 par. 1 C.pen., with application.art.396 al.10 Code of criminal procedure. Prohibits to the defendant the rights provided by art.66 par. 1 letter a, b, d Criminal code (rap. in art.65 al. 1 Criminal code), as an accessory punishment. According to art.399 al. 1 Code of criminal procedure maintains the measure of preventive arrest of the defendant. Deduces from the punishment applied the period of detention and pre-trial detention starting with 26.11.2021 to date.
It finds that the injured person Bistriţa-Năsăud County Ambulance Service, did not constitute a civil party in question.
Finds that injured persons A. I., A. G., and A. A. L., no civil parties were formed in question.
Obliges the defendant to pay each of the injured A. D.F., A.O. M., A. F. G. and A. D. E.-through legal representative A. G.,, the amount of 5,000 euros or the equivalent in lei of this amount at the date of the actual payment, as moral damages. Establish ex officio law fee in the amount of 1880 lei, in favor of av. B. D., appointed to defend injured persons A. D. E. and A. F. G. during the criminal investigation and ex officio law fee in the amount of 1880 lei in favor of av.M. C. (for defense against injured persons A.D. F., A. O.M., A. F. G. and A. D. E. during the trial), which remain the responsibility of the state. Establish ex officio law fee in the amount of 2,122 lei, in favor of av. D. G. (for the defense granted to the defendant in the criminal investigation and trial phase), which remains the responsibility of the state.
Orders the defendant to pay to the state the amount of 2,700 lei as judicial expenses, of which the amount of 1687 lei represents the cost of forensic expertise no. 2333 / III / 457/2021 of 27.01.2022, drawn up by the Bistriţa-Năsăud County Forensic Service to the victim, the amount of 85 lei represents the cost of the forensic expertise no. 2466 / II / n / 65 of 29.12.2021, drawn up by the Bistriţa-Năsăud County Forensic Service to the defendant, the amount of 38 lei represents the cost of the forensic finding no. 279 / II / a 3 of 3.02.2022, drawn up by the Bistriţa-Năsăud County Forensic Service.
It orders the restitution to the defendant, upon the final remaining of the court decision, of the package no. 2, containing clothing belonging to him, raised in the criminal investigation phase. Provides a refund to injured persons A. I., A. G., A. A. L., A. D. F., A. A. M., A. F. G. and A. D. E.-through legal representative A. G., upon the final remainment of the court decision, of the amount of 310 lei, raised in the criminal investigation phase.
It orders the taking of biological samples from the defendant, while applying art. 5 al. 5 of Law no. 76/2008. With the right of appeal within 10 days from the communication ”, is the sentence handed down on August 17 by the Bistrița-Năsăud Tribunal.
His father’s quarrels and beatings reached his bone
The murder took place last year, on November 25. The day before, Grigore Andreș was scolded by his father who was dissatisfied with the fact that he would not help him enough in household chores, and the state of conflict generated by this reason has been going on for some time and it seems not sporadic.
On the morning of the day of the tragedy, there was another quarrel between the two, and the „old man, who had been abandoned by his wife for about 6 years and raised his children alone, hit Grigore with a wood.
A little later, around 5:00 p.m., apparently, the two reconciled, and Gregory was sent by his father to the village store to buy beer. And the young man complied, and after returning home, the two men started drinking. It was the moment when the thought of cruel revenge sprouted in Gregory’s mind.
„Between the defendant and the victim, a state of conflict was created determined by the reproaches addressed by the victim to the defendant in connection with the fact that the defendant did not want to work or did not work long enough he wanted the victim. In this context, on 24.11.2021 victim A.A. he quarreled with his son, being dissatisfied that he did not help him with household chores and on the morning of 25.11.2021, according to the defendant’s claims, the victim hit him on the left hand with a piece of wood, also in connection with the defendant’s refusal to help the victim in household chores. On the afternoon of 25.11.2021, around 17:00, the victim sent the defendant to a local store to buy alcoholic beverages and beer with alcohol, respectively. After the defendant returned home from the store, he and his father drank beer with alcohol. Against the background of alcohol consumption and the state of conflict between the victim and the defendant, he decided to physically assault his father, victim A.A. „, the prosecutors showed in the indictment.
He prepared his hair and hit thirsty! Then he went to wash his blood
Investigators say that at one point, Gregory left the house and prepared his weapon, a hair he broke from a neighbor’s fence. Then he went back into the house and told his father that he was wanted by a neighbor. Andreș sr. he left the house, and in the back was Gregory. After they moved away from home, the young man took his hair from the place where he had hidden it and simply slapped his father on the head with it. She then left him in a pool of blood as he went to the creek to wash. When he went back home, his grandparents and sisters told them that his father had been beaten by some Roma. Only the women noticed traces of blood on Grigore’s shoes and realized the truth. While they ran outside to see what was wrong with the senior, the junior called the ambulance.
“(…) Around 6:40 p.m., the defendant left the house and took a muzzle from a neighbor’s fence, 1.6 meters long and 10 cm in diameter, which he prepared and left out of the house. He entered the house and called the victim out under the false pretext of being wanted by a neighbor. Victim A.A. he left the house with the defendant and moved away from their home, the defendant being behind his father with that muzzle he had previously prepared. While behind the victim, the defendant hit her with that boot in the neck area, the victim fell, then the defendant repeatedly hit the victim with his snout and legs in the head area, abandoning her in a pool of blood.
The defendant then went to a nearby stream where he washed his bloodstains and then entered the house, announcing his A.B. sisters..B and A.C.C. that the victim was beaten by some Roma people, without giving any other details.
Injured persons A.B..B and A.C.C. they noticed that the defendant still had blood on his shoes and that he went to wash. Then the defendant with his grandmother and sisters went outside to the place where his father’s body was, the defendant simulating that he was losing consciousness. Witness D.D. arrived on the spot. who accused the defendant of killing his father, the defendant denying that he had committed the deed.
Around 18:48, the defendant Andreș Grigore Ioan called the 112 emergency service and noticed that he found his father A.A. on the road that makes access to the defendant’s home, he fell and has serious traumatic injuries to his head.
A police crew as well as a crew of the Bistriţa-Năsăud Ambulance Service who declared the death of the A.A. victim at 19:40 on the spot., this having several head injuries incompatible with life „, the prosecutors specified in the indictment.
Personality disorder and low discernment have led to murder
Andreș sr.’s lifeless body. he was taken to Forensic Medicine for the autopsy. There, specialists found that the man’s death was particularly violent. At the same time, Grigore was subjected to a psychiatric examination, the specialists concluding that, during the commission of the deed, the young man has diminished discernment.
“In the forensic report (necropsy) no. 2333 / III (…) prepared by the Bistriţa-Năsăud County Forensic Service, the following conclusions were formulated: the death of the so-called A.A. is violent; death was due to hemorrhage, contusion and meningo-cerebral dilation following multiple fractures of the neuro- and viscerolranium in the context of a craniocerebral and maxillofacial trauma by repeated hitting with a hard body; traumatic injuries could occur on 25.11.2021 by repeated active hitting with a hard body (possibly a foot) and most likely with a hard elongated body with a fairly heavy weight large (for example: hair, wooden fence post, etc.), under the conditions established by the judicial investigation; traumatic injuries from point 5 – could occur by compression between two hard planes (possibly between the hard body and the ground) under the conditions established by the judicial investigation; there is a direct causal link between lesions and death; sterno-costal fractures could occur in cardio-pulmonary resuscitation works and have no tanatogrator role; the position of the victim in relation to the aggressor could be in supine position, with the aggressor above, at the moment of applying the tanatogenerative lesions, otherwise variable; the blood collected from the corpse contains 0.27 grams per thousand of ethyl alcohol, and the urine collected contains 0.46 grams per thousand; death can date from 25.11.2021.
Because the defendant claimed that on the morning of 25.11.2021 he was hit over the left hand by the victim, with a boot that at the end had a nail and caused traumatic injuries, in question, a forensic examination of the defendant was ordered. It was shown that from the forensic expertise report no. 279 / II / a / 3 / 03.02.2022, drawn up by the Bistriţa-Năsăud County Forensic Service, it was established that the defendant Andreș Grigore Ioan presents traumatic injuries that could have occurred by hitting with or, most likely, of hard bodies or friction of hard surfaces. The traumatic injury does not require days of medical care and did not endanger the victim’s life. Traumatic injuries can date from 25.11.2022. It was also shown that a psychiatric forensic examination of the defendant was ordered in question, and by the forensic report of psychiatric expertise no. 2466 / II / n / 65/ 29.12.2021, the commission of expertise found that the defendant Andreș Grigore Ioan presents the diagnosis “Slight mental retardation with behavioral disorders. Personality disorder on an organic background (post CBT – n. r. after a craniocerebral trauma). Alcohol consumption harmful to health ».
The Commission found that the defendant’s discernment had been reduced both at the time of the act and at the time of the examination. The Commission considered that no medical measures should be taken. During the hearing as a suspect and defendant, the defendant Andreș Grigore Ioan admitted to committing the deed „, the prosecutors also showed.
The court: The defendant presents an average risk of committing new criminal acts ”! 11 years behind bars
Given this state of affairs, the court considers that in law, the deed of the defendant Andreș Grigore Ioan who, on 25.11.2021, around 18:40, applied to the victim A.A., his father, multiple blows with a boot in the head area, and after the fall of the victim he also applied blows to his legs, causing traumatic injuries that caused the death of the victim, constitutes the crime of domestic violence in relation to the crime of murder prev. of art.199 par. 1 C.pen. rap. in art.188 par. 1 C.pen., with application.art.396 al.10 Code of criminal procedure. Consequently, the defendant Andreș Grigore Ioan, (…), Romanian citizen, unmarried, unfulfilled military service, studies 1 class, without occupation, without job, owner of CI series (…), without criminal record, will be sentenced to 11 years in prison and the complementary punishment of the prohibition of rights prev. of art.66 letter a, b, d Criminal code for a period of 5 years, for committing the crime of domestic violence related to the crime of murder, prev. of art.199 par. 1 C.pen. rap. art.188 para. 1 C.pen., With application art. 396 al.10 Code of criminal procedure.
At the individualization of this punishment, the general criteria for individualization prev were had. of art.74 Criminal code, respectively: the nature and high gravity of the crime, the circumstances of its commission, the conflict fund on which it was acted, the fact that the victim was the father of the defendant, considerable mental suffering caused by the defendant to his family members by committing the crime of murder, the person of the defendant, who has no criminal record, and in respect of which the medical records attest that they present “slight mental retardation with behavioral disorders. Personality disorder on an organic background (post CBT) », his discernment being diminished both at the time of committing the deed and at the time of the examination, the special limits of punishment provided by law for the crime committed, as they were reduced by the application of art.396 al.10 Code of Criminal Procedure, conclusions of the Evaluation Report prepared by the Bistriţa-Năsăud Probation Service, which are in the sense that the defendant presents an average risk of committing new criminal acts (…).
The defendant’s rights provided by art.66 par. 1 letter a, b, d Criminal code (rap. in art.65 al. 1 Criminal code), as an accessory punishment, and according to art.399 al. 1 Code of criminal procedure will maintain the measure of the preventive arrest of the defendant. Based on art.72 Criminal code will be deducted from the punishment applied for the period of detention and pre-trial detention starting with 26.11.2021 on time. Regarding the request for confiscation of the object (batta) used by the defendant to commit the crime, the court considers that there are no incidents between art.112 letter b Criminal code, and that his special confiscation cannot be ordered, as it comes from a neighbor’s fence, who was not aware that the defendant snatched him from his fence and used to commit the crime, and the evidence administered in question does not show his value, motivated the court the sentence applied.
The sentence is not final and can be appealed within 10 days of communication. Until the closing of the edition, Grigore Andreș did not resort to any appeal.
