The murder is disputed by defense lawyers who asked the court to ask the question of intentional bodily harm resulting in death without intention to give it.
At the start of the investigation, before Demir Rusani’s death, the investigating judge had charged Krystian Gorniak and Jenathan Mol with attempted murder. José Da Silva Da Costa was charged with beating the victim’s children, like the other two.
In December 2018, the first two defendants were charged with murder. This qualification was confirmed by the indictment chamber, which also upheld it against José Da Silva Da Costa.
For the Advocate General, the investigation and the trial established that Krystian Gorniak and Jenathan Mol struck Demir Rusani.
José Da Silva Da Costa denies having struck the victim, but the other two defendants state the opposite. A direct witness to the facts, the minor daughter of the victim, has maintained since the beginning of the investigation that the two men who entered the house (Jenathan and José) struck her father in the head. .
In the event that the jury considers that José Da Silva Da Costa did not strike the victim, the Advocate General asks him to take into account the notion of punishable participation. “By his intervention, he favored the fact that very serious blows were dealt to Demir Rusani”.
At the September 12 hearing, Krystian Gorniak said he had intended to kill his stepfather at the time. “He said it was buried inside him”recalls the Advocate General.
For the prosecution, the target area (the head), the number of blows and the violence demonstrate the desire to kill a man on the ground, whom they abandoned in a state of distress, therefore accepting a fatal and inevitable outcome.