I spent four hours in the car. Details of the death of the Mangistau State Revenue Administration have become known

In March in Aktau, ex-deputy prosecutor of the Munaylinsky district Talgat Dautbaev was given a suspended sentence of one and a half years. The court found him guilty of the death of Marat Bulat, deputy of the state revenue department for the city of Aktau, who died a few days later in the hospital after a fight in the Malibu cafe. Initially, a criminal case was opened under a more stringent article. A CMN.kz correspondent looked into the situation.

The incident itself, according tothe relatives of the deceased, was the result of a fight, and occurred on the night of December 9-10, 2023 in the Malibu cafe, where the company was celebrating a birthday.

Marat Bulat, noticing the brawl, intervened to separate the men, “but ex-deputy prosecutor Dautbaev did not listen and brutally beat him.” As a result, he fell and lost consciousness. And only a few hours later he was taken to the hospital. A few days later, the man died from his injuries in the intensive care unit.

Talgat Dautbaev’s sentence was announced in the city court on March 20. He was found guilty of “Intentional infliction of grievous bodily harm, resulting through negligence in the death of the victim” (part 3 of article 106 of the Criminal Code of the Republic of Kazakhstan).

Extract from court documents

However, immediately, at the request of the state prosecutor, the charge was changed to “Causing death by negligence” (part 1 of Article 104 of the Criminal Code of the Republic of Kazakhstan) and Dautbaev was released from the courtroom.

The relatives of the deceased cannot understand why this happened, and are sure that the sentence was commuted unjustifiably.

According to the courts documents provided to CMN.kz by the relatives of the deceased, at about three o’clock in the morning on December 10, 2023, the defendant Dautbaev, being outside the territory of the Malibu karaoke bar, next to the fence on its outer side, during a verbal conflict that arose, “dealt one kick to the thigh area and one punch to the head of Bulat Marat with his left hand.” As a result of the blow he received, the latter fell to the ground, hitting the back of his head, and received a closed craniocerebral injury.

- That same night, Bulat Marat was taken to a multidisciplinary hospital in the Mangistau region, where on December 15, 2023, at approximately 03:34, without regaining consciousness after the operation, he died, according to court documents.

The document also states that Dautbaev admitted his guilt.

Based on his testimony, that evening the company celebrated the birthday of a certain Nurzhan Asylbay. But the defendant himself states that he did not drink alcohol that evening. Instead of vodka, he poured water into a glass when they made toasts, since he was driving and was only “imitating that he was drinking.”

“There were no conflicts at the table. There was a conflict on the street with Kanatov A., due to the fact that he suggested that he (Dautbaev) get dressed and go to a nearby establishment, to which Dautbaev said that it was better not to go there. Then, after the end of the event, they all got ready to go home, and Dautbaev, the three of them, went out with Alem and Azamat, then they left. After that, Marat came up and asked for a cigarette, Dautbaev replied that he did not have one. Marat grabbed him by the jacket with both hands. Then he asked Marat: are you all right, brother?, He answered: I’m not your brother.”

According to the case materials, Dautbaev says that he struggled, but Marat did not let him go, and he hit him with his right leg in the thigh area, then with his left hand in the head area, in the jaw, and then Marat fell.

The defendant swears that he did not beat Marat again, and does not know why this happened. He suggests that perhaps it was slippery, and Marat slipped because he was drunk. He says that he regrets what happened and “didn’t want anyone to die,” and also didn’t think that Marat could fall and hit himself, since he, according to him, is much taller and physically larger.

- After his arrest, during an examination, he was examined - his arms, legs, body, hands, he did not have any bodily injuries, - the accused emphasizes.

Dautbaev also told the court that, in the opinion of all those present, Marat lost consciousness from intoxication, since they already had another one who was very intoxicated. The defendant fully agreed with the prosecutor's amended charges. As a reason for imposing a minimum sentence, it was mentioned that he has three children.

The only eyewitness to the conflict was the birthday boy Nurzhan Asylbaev. He did not know the essence of the conflict, but confirmed the blows inflicted on Marat Dautbaev.

Extract from court documents

It is noteworthy that the witnesses who were present at the birthday party that evening supervised and conducted the examination. Among them were specialists and forensic experts.

Extract from court documents

- Bolysov T., questioned during the main trial as a witness, also confirms his conclusion. The examination was carried out by commission, since the case was complex. However, they determined the severity of the injuries received according to the rules; the deceased had fractures of the occipital and parietal bones, which indicates a fall from a blow, according to the documents.

Extract from court documents

As the brother of the deceased, Murat Bulat, who is involved in the case as a representative of the victim, told CMN.kz, “the decision of the court and the prosecutor’s office was not made in accordance with the law.” And his relatives do not agree with him. He also expressed his disagreement to the court, however, to no avail.

From the judicial interrogation of Bulat, it is known that Nurzhan Asylbaev wrote to him and reported the death of his brother, saying that after the incident he fell down the stairs. At the same time, no stairs appear in the remaining testimony. It is worth recalling that, according to the documents, Asylbaev is the only eyewitness to the conflict.

Extract from court documents

It is worth noting that, according to documents, at the time of the incident there were no external surveillance cameras in the establishment. Therefore, the incident was not recorded on video.

- The examination says that Marat was beaten, and the main witness said in his testimony that Dautbaev, the ex-deputy prosecutor of the district, hit and kicked him. This is in no way suitable for requalification, emphasizes Murat Bulat.

Murat Bulat says that he does not understand how this can be, because information about the blows is available in the interrogations of witnesses, and there was no reconciliation of the parties.

Also, according to Murat Bulat, ex-deputy prosecutor Dautbaev “received the rank of deputy ahead of schedule, on December 6 on Prosecutor’s Day, and on the 9th he was already fired number.”

- I said with my last word that I will not forgive, and Dautbaev should receive a sentence of imprisonment. But the judge did not pay attention to this and made a decision as they wanted? - says the brother of the deceased.

As a result, the court did not find that Dautbayev had any actions intentionally aimed at taking life:

Extract from court documents

However, Murat is sure that it was the strong blow to the head that caused his brother’s loss of consciousness:

The testimony says that Dautbaev kicked Marat and hit him in the face. The blows were precise, sort of like Dautbaev himself was a boxer, or something like that,” says the brother of the deceased.

According to the brother of the deceased, Marat was not provided with timely assistance and this influenced the outcome. According to him, Marat was driven around the city in an unconscious state for four hours because “they couldn’t decide what to do and how to present what had happened.”

- They called Dautbaev. They said, come, what have you done, Marat still hasn’t woken up, he’s in a coma.” I spent almost four hours in the car. Only after this was he left in the hospital. They didn’t call an ambulance for him, they didn’t do anything. And Dautbaev, after hitting Marat, left him and left. I arrived only three hours later. And then, it was not he who took Marat to the hospital, but others. They told him, “Let’s take you in your car,” but he said, “No, it’s dirty, it’ll dirty the interior for me,” the man said.

According to Murat Bulat, the rest of those present “were afraid of Dautbaev because of his position, so they didn’t call anywhere and didn’t call an ambulance on time.”

According to almost all the witnesses, they were sure that Marat was completely drunk, and therefore he simply passed out. And the man was taken to the hospital only when it was not possible to bring him to his senses.

According to Murat, his brother did not know Dautbaev before the holiday. According to his version of what was happening, Marat separated the conflicting men and it was he who said the phrase “Calm down, brother” in relation to Dautbaev, and he replied “I’m not your brother.”

- Dautbaev was clinging to everyone that evening, and the phrase became a catalyst for the conflict between him and Marat, says Murat Bulat.

As a result, Dautbaev was given a suspended sentence of 1 year and 6 months under the supervision of probation control.

According to Murat, the mother of the deceased does not yet know about the change in sentence. The family does not tell her, since the woman is taking what is happening very hard and is not doing well with her health. Bulat is afraid that the news will make her worse. And hopes that the situation can be changed.

Extract from court documents

Murat says that he has already written an appeal and sent it through the court office. It is also not clear to him why Dautbaev was so quickly removed from his position, in which he did not spend even a week.

Recall that the ex-employee of the Mangistau prosecutor's officereceiveda suspended sentence for the death of a person.

Author: Liana Ryazantseva