北京市公安局东城分局第二预审处关于张福英信访案件情况汇报

分局:

2011年10月19日,分局转交信访人张福英信访件,我大队及时开展工作,现将工作情况汇报如下:

一、信访人的基本情况

张福英,男,47岁,户籍地:辽宁省抚顺市顺城区将军街九委一组,身份证号:。

来访人的主要要求

张福英反映:2008年11月13日7时许,他在崇文区永外彭庄楼被河南省驻京办的5个人打伤,造成肠破裂出血,经鉴定为重伤。案发后,崇文分局永外派出所出警民警将其中2人抓获带到派出所审查,不久将二人释放。现崇文法院对其中一名(贾正铁)判刑。他认为自己是被多人殴打致伤,由于崇文分局永外派出所民警不作为、包庇,造成其他打人者未受到处理。要求依法处理。

三、犯罪嫌疑人基本情况及简要案情:

犯罪嫌疑人贾正铁,男,汉族,1963年出生,高中文化程度,居民身份证号码:,户籍所在地:河南省内乡县灌涨乡前湾村贾营,现住北京市崇文区彭庄,河南省开封市驻京办信访人员安置处厨师。

犯罪嫌疑人贾正铁因涉嫌故意伤害罪于2009年1月1日被我局刑事拘留。同年1月24日,经北京市崇文区人民检察院批准执行逮捕。同年10月10日,经崇文区人民法院判处有期徒刑五年。

四、案情来源:

2008年11月13日20时50分许,永外派出所接报警人刘风红报警称:陶然大厦门口有人被打伤。永外派出所接警后立即到现场进行查找,后在陶然桥南侧的特警大队门前找到报警人。民警看见事主张福英躺在地上,随后民警跟随报警人刘风红到彭庄,找到刘风红指认的两名嫌疑人贾正铁、张以春,并将两人传唤到派出所接受调查。通过前期取证于2009年1月1日对犯罪嫌疑人贾正铁刑事拘留。

五、简要案情:

2008年11月13日20时许,犯罪嫌疑人贾正铁伙同他人(情况不详)追打河南省上访人员王利民。他追至崇文区陶然亭桥南侧的地下通道,误将事主张福英认为是王利民而进行殴打。造成张福英头皮挫伤,头外伤后神经性反应,腹部闭合性损伤,肠系膜破裂,失血性休克。经北京市公安局法医检验鉴定中心鉴定:张福英所受损伤属重伤。

六、嫌疑人供述情况:

犯罪嫌疑人贾正铁到案后,拒不供述犯罪行为。他称他刚来京2个月多月,在开封驻京办信访人员安置处负责做饭、打扫卫生,平时就与信访人员居住在一起。2008年10月13日晚6时许,他在屋内看到安置处的三个信访小孩(王利民的三个子女王焕焕、王文武、王满意)隔着窗户与窗外二男一女(张福英、王利民、刘风红)说话。他告诉窗外人员有事就进来说,但对方立即离去,后他上床睡觉。晚22时许,一女子(刘风红)带着警察来将他与一名江苏籍上访人员(张以春)带至派出所接受审查。

七、现有证据:

1、被害人张福英的陈述及辨认笔录证实在上述时间地点,他被贾正铁等人打伤的经过。他并称如果没有贾正铁点头示意,他就不会挨这顿揍。

2、证人王利民的证言,证实当时他与女儿隔着窗户说话,姓张的(张福英)和另一个女的(刘风红)走了。听到驻京办里面有人说,谁在外边说话,他就赶紧跑了。他跑到陶然桥上,见没人追,站在陶然桥上回头一看,姓张的被四五个人殴打。

3、证人刘风红的证言,证实:2008年11月13日20时许,她和王利民、张福英一起到陶然亭桥南去看王利民被关着的孩子。后王利民自己去看孩子,她和张福英在陶然桥南地下通道和别人聊天。半个多钟头后,王利民跑过来说快跑。我就和他跑到通道口,见没什么情况就又回来了。张福英是向西通道跑,我也跟着上去,被一个老头和一个老太太拦住。这时才看见五个男的正在殴打张福英。他们打完后,我过去跟着,打人的五个人中的两个人向一个楼房走去并进了1单元101房间。我就回到张福英身边打110报警。警察来之后,我带民警将这两个人抓住了。这两个人都参与对张福英的殴打,后来五个人对张福英拳打脚踢。打完后,不知谁说了句打错了,我听出是河南口音。当天晚上王利民就被河南接访的警察抓走了。我从医院出来,有两个人问我是不是从医院出来的,我说不是。那两个人说要是你别胡乱说话,我就跑了。辨认笔录证实贾正铁就是案发时,告诉其他人说,“就是他。”并且对张福英进行殴打的人。

4、证人王焕焕(王利民之女)证言,我爸爸认识的一个上访的叔叔在2008年11月13日晚8时许,在陶然桥南被河南驻京办的人打了。打之前在河南驻京办屋内,我听见驻京办的老板娘(赵爱勤)和做饭的(贾正铁)说,“你去打吧,打死算我的”。因老板娘说要打的人就在门外,当时我爸爸在门外。打完人后做饭的和老板娘说打错了,我不能确定那个叔叔是被老板娘和做饭的人打的。当时我与老板娘和做饭的在同一个房间内,听到老板娘和做饭的谈话。当时屋内还有我两个弟弟还有几个河南上访的。

5、证人王文武(王利民之子)证言,2008年11月份,我和姐姐王焕焕、弟弟王满意去北京,被驻京办的人带到一个驻京办事处地方,关了5天左右,后来被接回老家。驻京办的所在地我说不好,就在陶然亭桥旁的陶然大厦旁的一栋楼里的一层一个房子里。关了我们第四天的晚上大概6、7点钟,我爸爸和一个叔叔还有一个女的来看过我们。当时屋子里有一个窗户,我爸爸在外面隔着窗户看我们。我们就把窗户打开和我爸爸说话,我爸爸一直在屋外面。当时窗户上有铁棍,我们出不去。我爸爸说了会话就和那个叔叔和那个女的走了。刚走一会,我就看到信访驻京办的女老板拿着一个握力器给了那个男老板说了一句话,“给,打他去,打死算我的”。她边说边把握力器给了男老板,那个男老板就和一个男的拿着握力器出去了。我们就睡觉去了,再发生什么事我就不清楚了。驻京办里,我就知道有一个女老板和一个男老板,还有一个男的不知道是干啥的,也总在那。其他都是上访人员。男老板就是照片上4号男子(贾正铁)。

6、证人张以春证言,证实在案发当日他未离开过河南驻京办的房间,他也没注意贾正铁是否离开过。后警察来了,一个女的指认他与贾正铁去外边打了人。

7、伤情鉴定结论书。

8、110接警记录。

9、到案经过。

八、关于同案其他犯罪嫌疑人的查找情况:

案发后,永外派出所民警立即赶往现场,并在报警人刘风红的指认下将贾正铁及张以春带至派出所接受审查。除此二人之外,无其他犯罪嫌疑人线索。

经全案分析,因为王利民为河南虞城县信访重点人,其他参与人员有可能为河南虞城县抓捕王利民人员。我处工作人员前往河南虞城找到王利民了解情况,王利民称他在事发之后就住到北京南站一个小旅馆。当晚即被虞城县公安局的刘局长抓获带回虞城,对他实施抓捕的人员他都认识,肯定不是对张福英进行殴打的在逃嫌疑人。且经前往虞城县公安局找到带队抓捕王利民的副局长刘新安,该人答复,在抓捕王利民时,是2008年11月13日晚通过市局技侦协助对王利民进行定位后,将他抓获。除此之外,未进行过其他抓捕,更无其他殴打行为。故排除虞城县抓捕王利民人员殴打张福英的可能性。因贾正铁拒不供认犯罪事实,且证人无法提供其他人员信息,无法开展工作。

张以春涉案情况的查证情况:

除刘风红指认张以春外,我处工作人员分别安排张福英、王焕焕、王文武对包含张以春的照片进行辨认,均未能辨认出张以春本人。且经查证,张以春为江苏阜宁县上访人员。他在2009年11月5日在中南海、新华门等地散发传单被府右街派出所抓获,被阜宁县接访人员安置在开封驻京办信访人员安置处(贾正铁所在地)等待接回。他于2009年11月15日左右被阜宁县信访办工作人员接回。经向该人了解,该人称他为上访人员,安置处限制人身自由,他不可能离开安置处。且安置处只有老板娘和姓贾的厨师有安置处门钥匙,其他人根本无法自由进出安置处。因证实该人犯罪的证据不足,故未对该人使用强制措施。因张以春为长期上访人员,他的行踪不定。经多次拨打张以春电话(0515-87221711,13961921811)通知他来京组织真人辨认,电话开机但均无人接听。我处工作人员已发短信通知该人收到短信后即刻与我处联系。经拨打其户籍地派出所阜宁县公安局向阳派出所电话(0515-87281196)查找该人,该电话无人接听。

关于赵爱勤涉案情况的查证:

受案后,我局工作人员多次找彭庄甲58号1单元1号负责人赵爱勤了解案发当天情况。赵爱勤称当天贾正铁向他汇报称有人隔着窗户跟屋内被关押的三名小孩(王焕焕、王文武、王满意)说话,他并未指使贾正铁做任何事情。他只是电话联系送3名小孩来的虞城县信访办的工作人员,要求尽快将三名孩子接走。且犯罪嫌疑人贾正铁到案后,拒不供述他殴打他人的犯罪事实,亦未交代赵爱勤对他有任何指使行为。另张以春称,他在房间内未听到赵爱勤对贾正铁有任何言语吩咐,证实赵爱勤参与故意伤害的证据不足。且在审查起诉、审判期间,区检、法院亦未对赵爱勤进行追诉。

关于案发现场监控录像的调取情况:2008年11月14日14时许,案发后第二日,永外派出所民警秦宝良、皮文锋前往案发现场旁的黎昌酒店监控室,调取案发当日监控录像。经调查该监控摄像机摄头对着酒店院内,黎昌酒店院门口情况未拍到,故没有视频记录。

特此说明。

东城分局第二预审处

王训

                                 2011年10月28日

相关图书

《北京东城公安分局上访记录1: 第二預審處》

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北京市公安局东城分局第二预审处关于张福英信访案件情况汇报

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东城(崇文)公安分局预审处关于信访人李晓威信访案件回复报告

英文翻译

Report on Zhang Fuying’s Petition Case by the Second Pre-trial Division of the Dongcheng Branch of the Beijing Municipal Public Security Bureau
Branch:

On October 19, 2011, the sub-bureau forwarded the letters and visits to the petitioner Zhang Fuying, and our brigade started the work in time, and the work situation is reported as follows:

  1. Basic information of petitioners
    Zhang Fuying, male, 47 years old, household registration: Group 9, Jiangjun Street, Shuncheng District, Fushun City, Liaoning Province, ID number: .

Main requirements of visitors
Zhang Fuying reflected: At about 7 o’clock on November 13, 2008, he was injured by five people from the Beijing Office of Henan Province in Yongwai Pengzhuang Building, Chongwen District, causing intestinal rupture and bleeding, which was identified as a serious injury. After the incident, the police from the Yongwai Police Station of the Chongwen Sub-bureau arrested two of them and took them to the police station for examination, and released them soon after. One of them (Jia Zhengtie) is currently being sentenced by the Chongwen Court. He believed that he was beaten and injured by many people. Because the police from the Yongwai Police Station of the Chongwen Sub-bureau did not act and covered up, the other assailants were not dealt with. Require legal treatment.

  1. Basic information of the criminal suspect and a brief case:
    Criminal suspect Jia Zhengtie, male, Han nationality, born in 1963, high school education, resident ID number:, registered residence: Jiaying, Qianwan Village, Guanzhang Township, Neixiang County, Henan Province, currently living in Pengzhuang, Chongwen District, Beijing , a chef at the resettlement office for letters and visitors of the Beijing Office of Kaifeng City, Henan Province.

The suspect, Jia Zhengtie, was criminally detained by our bureau on January 1, 2009 on suspicion of intentional injury. On January 24 of the same year, the arrest was carried out with the approval of the People’s Procuratorate of Chongwen District, Beijing. On October 10 of the same year, he was sentenced to five years in prison by the Chongwen District People’s Court.

  1. The source of the case:
    At about 20:50 on November 13, 2008, Liu Fenghong, the person who received the call from the Yongwai Police Station, reported that someone had been injured at the gate of Taoran Building. Yongwai Police Station immediately went to the scene to search after receiving the alarm, and found the caller in front of the special police brigade on the south side of Taoran Bridge. The police saw Fuying lying on the ground, followed Liu Fenghong to Pengzhuang, found two suspects identified by Liu Fenghong, Jia Zhengtie and Zhang Yichun, and summoned them to the police station for investigation. On January 1, 2009, the criminal suspect Jia Zhengtie was criminally detained through preliminary evidence collection.

V. Brief case:
At about 20 o’clock on November 13, 2008, the criminal suspect Jia Zhengtie and others (unknown circumstances) chased and beat Wang Limin, a petitioner from Henan Province. He chased to the underground passage on the south side of Taoranting Bridge in Chongwen District, mistakenly believed that Fuying was Wang Limin and beat him. It caused Zhang Fuying’s scalp contusion, neurological reaction after head trauma, closed abdominal injury, rupture of mesentery, and hemorrhagic shock. Appraisal by the Forensic Medical Examination and Appraisal Center of the Beijing Municipal Public Security Bureau: Zhang Fuying’s injuries were serious injuries.

  1. The suspect’s statement:
    After the criminal suspect Jia Zhengtie arrived at the case, he refused to confess his crime. He said that he had just come to Beijing for more than two months, and he was responsible for cooking and cleaning in the resettlement office for letters and visitors of the Beijing Office of Kaifeng, and he usually lived with the letters and visitors. On October 13, 2008, at around 6 o’clock in the evening, he saw three petitioning children in the resettlement office (Wang Limin’s three sons, Wang Huanhuan, Wang Wenwu, and Wang Yiyi) and two boys and one girl (Zhang Fuying, Wang Limin) outside the window through the window. , Liu Fenghong) speak. He told the person outside the window to come in if he had something to say, but the person left immediately, and then he went to bed. At about 22 o’clock in the evening, a woman (Liu Fenghong) brought the police to take him and a petitioner from Jiangsu (Zhang Yichun) to the police station for interrogation.
  2. Existing Evidence:
  3. Victim Zhang Fuying’s statement and identification records confirm that he was injured by Jia Zhengtie and others at the above time and place. He added that he would not have been beaten without Jia Zhengtie’s nod.
  4. The witness Wang Limin testified that he was talking with his daughter through the window, and Zhang (Zhang Fuying) and another woman (Liu Fenghong) left. Hearing someone in the Beijing Office say that whoever was talking outside, he ran away quickly. He ran to the Taoran Bridge and saw no one was chasing him. Standing on the Taoran Bridge and looking back, he saw that the man surnamed Zhang was beaten by four or five people.
  5. Witness Liu Fenghong’s testimony confirms that at around 20 o’clock on November 13, 2008, she went to the south of Taoranting Bridge with Wang Limin and Zhang Fuying to see Wang Limin’s imprisoned child. Later, Wang Limin went to see the child by herself, and she and Zhang Fuying chatted with others in the south underpass of Taoran Bridge. More than half an hour later, Wang Limin ran over and said to run. I ran to the entrance of the passage with him, and came back when I saw nothing happened. Zhang Fuying was running towards the west passage, and I followed, but was stopped by an old man and an old lady. Only then did I see five men beating Zhang Fuying. After they finished beating me, I followed them. Two of the five beating men walked towards a building and entered Room 101, Unit 1. I went back to Zhang Fuying and called 110 to call the police. After the police came, I led the police to arrest these two people. Both of these two people participated in the beating of Zhang Fuying. Later, five people punched and kicked Zhang Fuying. After typing, I don’t know who said something and typed it wrong, and I recognized it was a Henan accent. That night, Wang Limin was arrested by the policemen from Henan. I came out of the hospital, and two people asked me if I was out of the hospital, and I said no. Those two people said that if you stop talking nonsense, I will run away. The identification records confirmed that Jia Zhengtie was the one who told others, “It’s him,” and beat Zhang Fuying at the time of the crime.
  6. Witness Wang Huanhuan (Wang Limin’s daughter) testified that an uncle my father knew who was petitioning was beaten by people from Henan’s Beijing Office at the south of Taoran Bridge at 8:00 p.m. on November 13, 2008. Before the fight, I was in the Beijing Office of Henan Province, and I heard the lady boss (Zhao Aiqin) and the cook (Jia Zhengtie) say, “Go and fight, I’ll be the one who beat you to death.” Because the proprietress said that the person who was going to be beaten was outside the door, and my father was outside the door at that time. After the beating, the cook told the wife of the boss that the number was wrong. I am not sure that the uncle was beaten by the wife of the boss and the cook. At that time, I was in the same room with the proprietress and the cook, and I heard the conversation between the proprietress and the cook. At that time, my two younger brothers and several petitioners from Henan were in the house.
  7. Witness Wang Wenwu (son of Wang Limin) testified that in November 2008, I went to Beijing with my sister Wang Huanhuan and younger brother Wang Yiyi. People from the Beijing Office took me to a place in the Beijing office and locked me up for about 5 days. Take me back to my hometown. I can’t say where the Beijing Office is located, but it’s in a building on the first floor of a building next to Taoranting Bridge and Taoran Building. At about 6 or 7 o’clock in the evening on the fourth day after we were locked up, my father, an uncle, and a woman came to see us. There was a window in the house at the time, and my dad was watching us through the window outside. We just opened the window and talked to my dad, who was outside the house the whole time. At that time, there were iron bars on the windows, so we couldn’t get out. My dad had a conversation and left with that uncle and that woman. After walking for a while, I saw the female boss of the Beijing Letters and Visits Office took a grip and said to the male boss, “Here, beat him, I’ll be the one who beat him to death.” As she spoke, she handed the power grip to the male boss, and the male boss went out with a man holding the power grip. We went to sleep, and I don’t know what happened again. In the Beijing Office, I knew that there was a female boss and a male boss, and there was a male boss who was always there for some reason. The others are petitioners. The male boss is man No. 4 in the photo (Jia Zhengtie).
  8. Witness Zhang Yichun testified that he had never left the room of the Henan Office in Beijing on the day of the incident, and he did not pay attention to whether Jia Zhengtie had left. Later the police came, and a woman accused him and Jia Zhengtie of going outside and beating someone.
  9. Injury appraisal conclusion letter.
  10. 110 alarm records.
  11. Arriving at the case.
  12. Regarding the investigation of other criminal suspects in the same case:
    After the incident, the police from the Yongwai Police Station rushed to the scene and took Jia Zhengtie and Zhang Yichun to the police station for investigation under the identification of the caller Liu Fenghong. Apart from these two, there are no other clues of suspects.

After the analysis of the whole case, because Wang Limin is a key petitioner in Yucheng County, Henan Province, other participants may arrest Wang Limin for Yucheng County, Henan Province. The staff of our office went to Yucheng, Henan Province to find Wang Limin to understand the situation. Wang Limin said that he lived in a small hotel at Beijing South Railway Station after the incident. That night, he was arrested by Director Liu of the Yucheng County Public Security Bureau and brought back to Yucheng. He knew all the people who arrested him, and he was definitely not the fugitive suspect who beat Zhang Fuying. And after going to the Yucheng County Public Security Bureau, I found Liu Xin’an, the deputy director who led the team to arrest Wang Limin. capture him. Apart from this, no other arrests were made, let alone other beatings. Therefore, the possibility of arresting Wang Limin from Yucheng County and beating Zhang Fuying was ruled out. Because Jia Zhengtie refused to confess the facts of the crime, and the witnesses could not provide other personnel information, they were unable to carry out their work.

The verification of Zhang Yichun’s involvement in the case:
Except for Liu Fenghong who identified Zhang Yichun, the staff of our office arranged for Zhang Fuying, Wang Huanhuan, and Wang Wenwu to identify the photos containing Zhang Yichun, but none of them could identify Zhang Yichun himself. And it was verified that Zhang Yichun was a petitioner in Funing County, Jiangsu Province. On November 5, 2009, he distributed leaflets in Zhongnanhai, Xinhuamen and other places, and was arrested by the Fuyou Street Police Station. He was placed in the Petitioners Arrangement Office of the Beijing Office of Kaifeng (where Jia Zhengtie is located) by Funing County visitors, waiting to be picked up. Around November 15, 2009, he was picked up by the staff of Funing County Letters and Calls Office. After getting to know the person, the person called him a petitioner, and the resettlement place restricted his personal freedom, and it was impossible for him to leave the resettlement place. In addition, only the proprietress and the chef surnamed Jia have the key to the resettlement house, and no one else can freely enter or leave the resettlement house. Coercive measures were not used against the person because there was insufficient evidence to prove that the person committed the crime. Because Zhang Yichun is a long-term petitioner, his whereabouts are uncertain. After calling Zhang Yichun several times (0515-87221711, 13961921811) to tell him to come to Beijing to organize a real person identification, the phone was turned on but no one answered. The staff of our office has sent a text message to inform the person to contact our office immediately after receiving the text message. After calling the Xiangyang Police Station of the Funing County Public Security Bureau (0515-87281196) at the police station where his domicile is registered, no one answered the call.

Regarding the verification of Zhao Aiqin’s involvement in the case:
After accepting the case, the staff of our bureau contacted Zhao Aiqin, the person in charge of Unit 1, Unit 1, No. 58, Pengzhuangjia, many times to learn about the situation on the day of the incident. Zhao Aiqin said that on the same day Jia Zhengtie reported to him that someone was talking to the three detained children (Wang Huanhuan, Wang Wenwu, and Wang Yiyi) through the window, but he did not instruct Jia Zhengtie to do anything. He just contacted the staff of the Letters and Calls Office of Yucheng County who sent the three children by phone, and asked to pick up the three children as soon as possible. Moreover, after the criminal suspect Jia Zhengtie arrived at the case, he refused to confess his criminal facts of beating others, nor did he explain that Zhao Aiqin had any instigating actions against him. Another Zhang Yichun said that he did not hear any orders from Zhao Aiqin to Jia Zhengtie in the room, and there is insufficient evidence to prove that Zhao Aiqin participated in the intentional injury. Moreover, during the period of examination, prosecution and trial, the district procuratorate and the court did not prosecute Zhao Aiqin.

Regarding the acquisition of the surveillance video at the crime scene: At around 14:00 on November 14, 2008, the second day after the incident, police officers Qin Baoliang and Pi Wenfeng from the Yongwai Police Station went to the surveillance room of the Lichang Hotel next to the crime scene to investigate Surveillance video of the day the incident occurred. After investigation, the surveillance camera was facing the hotel courtyard, and the situation at the entrance of the Lichang Hotel courtyard was not captured, so there is no video record.

Hereby explain.

Second Pre-trial Office of Dongcheng Branch

Wang Xun

                              October 28, 2011

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