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Official of Constitutional Security Department States He Was under Temporary Insanity When Committing Murder

30.09.2011

 
Gela Mtivlishvili, Kakheti

Senior operative official of Constitutional Security Department 30-year-old Davit Chotalishvili accused of premeditated murder of two young people and an attempt of premeditated murder of one person gave testimony to the court. According to Chotalashvili, he was under state of temporary insanity when he fired.

Judge of Telavi Regional Court Mamuka Tsiklauri has been hearing case of Chotalashvili from September 1st. Chotalashvili is accused of committing offences envisaged by the part III of articles 19-109 of Criminal Code and paragraph A of part III of article 109. According to the charge-sheet, on July 8th of 2011, official of Constitutional Security Department of Ministry of Internal Affairs (MIA), Davit Chotalashvili fired from the service gun at Shota Batiashvili and Giga Gemazashvili at about 00:15 am and killed them. Chotalashvili fired at Giorgi Datukishvili as well, but missed it. Giorgi Datukishvili managed to escape.

At the trial held on September 13th the defendant stated that he acknowledges his guilt. On September 21st the trial was postponed due to refusal of the lawyer to defend Chotalashvili. According to the lawyer, he started working in the public service and does not have right to present client at the trial. The judge appointed lawyer envisaged by the state budget.

The trial will go on until September 29th. The lawyer of the defendant Manana Tandashvili stated that Chotalishvili wanted to give testimony to the court.

Davit Chotalishvili: “On July 7th, I had a holiday leave from work and went to Tsinandali. I was celebrating baptism with my friends. We partied in the so-called Mukhiani territory. At about 11:30 pm, I went home with my friend Davit Gavashelidze. Davit Gavashelidze has a store in the center of Tsinandali. We stopped there. Dato took something from the store. I was waiting outside, on the left side of the club. My friend Giorgi Datukishvili came up to me. I knew him. We exercised together. We had a normal relationship for people from the same village. We greeted, I asked about his family. I told him I loved them all, they were younger than me and I was going to support them. I said that children of my godfather Bolkvadzes were their age as well. He had aggressive reaction on these words and asked why I was inquiring about Bolkvadzes. I was surprised. I said that I was recalling them because they were of the same age and I compared the love. Again he had aggressive reaction. He requested to explain why I mentioned them. When his friends heard he was talking loud, they came up as well. The situation got tense and the fight was starting. My friend came at this time as well. I asked Datukishvili to come up to the building of City Hall and talk without his friends. Datukishvili and I moved to another side of the road and I asked him to explain what he wanted. His request was the same and aggressive. Why I mentioned those people. His friends also started talking loud. My friend and Datukishvili’s friends had an argument. I told Dato Gavashelidze to leave and talk next day. I went to the direction of my home. Datukishvili ran after me and stopped me. He told me that we should continue talking on the same day. I stopped. Approximately 10-12 people gathered around me. Gavashelidze was not with me at that moment. Datukashvili said again that we would find out everything on that day. He tried to hit me and swore on me. In that moment I got my gun, triggered it and asked them not to come near. Datukishvili and his accompanies stopped for a minute. I put my gun back in my pocket and decided to go home. In that moment Datukishvili swore on me. They were aggressively coming towards me. I tried to snatch my gun as I was afraid that someone would seize it or it would fall out. In that moment I could no longer control myself. I fired five times. I could not see what happened in my back. I could not see anyone when I was running away. I was extremely insulted and nervous, almost in the state of temporary insanity. The only thing that I could see was Datukishvili. I ran to his direction and fired at him. I do not remember anything else. When Davit Gavashelidze visited me and said that someone was wounded and someone died I felt terrible. I asked him to call police. The police officials came soon. I transferred the gun, documents and willfully surrendered.

I would like to say few more words. I felt terrible over what happened. (Sister of the deceased Shota Batiashvili yelled. The judge expelled her from the court room). Every day I pray for my and their souls. You might not believe, but I often wished to be in their spot. If I had died, I would not have been the hated murderer. Giorgi Datukishvili who is the source of this tragedy should sit here in the chair of convict. It happened because of his street mentality. I am done. I have nothing else to say.”

The court satisfied the request of the defendant’s lawyer to consider all presented evidence credible without examination since the defendant confesses his guilt. 

The trial will be continued at 14:00 pm on October 12th.

In case the charge is confirmed, 30-year old Davit Chotalishvili will face 16 to 20 years or life sentence.

The family members of the deceased young people were dissatisfied with the hearings. Shota Batiashvili’s uncle noted that the prosecutor is on the defendant’s side and Davit Chotalishvili gave the testimony he was advised to give. “They want to ease his sentence. They need such bustards, ready to do anything,” – noted the uncle of the deceased.

The parents and the relatives of the deceased request the life sentence. 
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