One month after the incident, his neighbor Yang Xinjin was identified as a major suspect by the task force because he could not justify his activities during the incident. Zunyi City People's Procuratorate proposed to Zunyi City Intermediate People's Court to postpone the trial three times on the grounds of "the need for supplementary investigation", and then withdrew the lawsuit on the grounds of "the facts and evidence of this case have changed".
One year after the incident, Zunyi City Procuratorate appealed the case to the court again. The Zunyi Intermediate People's Court sentenced Yang Xinjin to death for robbery, with a two-year suspension. Subsequently, Yang Xinjin appealed, and in July 2007 10, the Higher People's Court of Guizhou Province ruled to uphold the judgment of Zunyi Intermediate People's Court.
However, during his sentence, Yang Xinjin kept shouting. Yang Xinjin said in the complaint that he had no enmity with Yang Tao's family and had no time to commit crimes. A guilty confession is "forced confession".
Yang Tao's family also refused to accept the verdict. Tao Yang's father, Yang Zhifen, told reporters that there was no contradiction between the two families, and they did not believe that Yang Xinjin did it. The court ruled that he was a murderer, and the crime of burning corpses should be added. Because he refused to accept the verdict, Yang Zhifen petitioned all the year round.
A few days ago, Yang Xinjin entrusted a lawyer to submit the complaint materials to the Guizhou Provincial High Court again.
Yang Zhifen stood in front of the shop at the crime scene and greeted his neighbors.
Call the police two days after the murder.
On June 20, 2006, near the Spring Festival, a murder case occurred in Shanpen Town, Zunyi County, Guizhou Province (later changed to Bozhou District). Tao Yang, 19 years old, died in his facade bedroom. It was nearly noon at that time, and the facade room was closed. It was not until Tao Yang's father, Yang Zhifen, arrived after lunch that he found signs of burning in the bedroom.
Yang Zhifen walked into the bedroom and saw that the bed was on fire and the smoke was rolling. Tao Yang leaned over and lay motionless on the bed. He wanted to carry Tao Yang out, but his legs were still burning, so he dared not carry him. After calling for help, neighbors rushed to put out the fire, and Yang was carried to the floor outside the bedroom.
Tao Yang, who was burned, "had foam in his mouth" and vomited at the bedside. People think that the electric blanket leaked electricity and caused a fire, which caused Tao Yang to burn to death.
Yang Zhifen later recalled to the police that he was the first person to enter the bedroom. In order to see if Tao Yang was conscious, he patted Tao Yang with his hand. "If there is electricity, I will be electrocuted." . But Yang Zhifen thinks that in broad daylight, the door is closed. Who would hurt Tao Yang? He accepted the idea of being electrocuted and did not call the police after consulting with other relatives.
The news that "Tao Yang was burned to death" spread throughout the village.
Tao Yang's relatives began to clean up the scene of the fire and deal with the aftermath. According to local custom, the body of the deceased should be arranged before the funeral. When I was giving Tao Yang a haircut, I found something unusual.
Tao Yang's hairdresser is the son-in-law of Zou Yong and Yang Zhifen, who are separated from Yang Tao's house by two rooms. Zou Yong recalled to reporters that when he had a haircut, his hand touched the head of the deceased, and he could feel a depression, which was a wound, and there was blood on the hair beside him.
After learning the situation, Yang Zhifen found Tao Yang's bedding packed in woven bags, and found that the pillow had been soaked with blood, and there was blood on a ball of cotton, sweater and T-shirt. Two days after the incident, Yang Zhifen's family called the police.
According to the description of the police investigation in Zunyi County, the police handling the case arrived at the scene on1October 22 12, when the central site was completely destroyed. The on-site investigation was based on the memories of the victims' families.
Yang Zhifen recalled to the police that on the day of the crime 17 or so, he saw a man in his thirties coming out of Mu's house, going to the facade and standing up to see his house, and then returning to Mu's house a few minutes later. About half an hour later, I saw the man strolling in his front door again and returning to Mu Qin Gui's home. Later, I didn't see the man. "I don't know where he is. He is definitely not our local."
Mu is the wife of local Yang Xinjin. They have no impression of Yang Man's powder theory.
The police visited and found that there was evidence that Yang Xinjin had been to the clinic opened by Zou Yong next to the facade of Yang Tao's house on the day of the incident. Unable to justify himself, Yang Xinjin was locked as a major suspect.
One month after the incident, Yang Xinjin was arrested on March 22, 2006.
After re-prosecution, the death penalty was suspended.
According to the file, Yang Xinjin was questioned by Zunyi police 1 1 times. Among them, from June 24, 2006 to March 24, 2006, he accepted four interrogations, all of which explained his activities on the day of the crime, proving that he had no time to commit crimes. From March 1 1 to May 18, 2006, the police interrogated Yang Xinjin seven times, and all confessed to the specific details of robbery and murder.
According to the indictment filed by Zunyi City Procuratorate on July 26th, 2006, according to the legal investigation, Yang Xinjin fled to Yang Tao's house to chat with Tao Yang around noon on October 20th 13, 2006. Yang Xinjin thinks that Tao Yang's business is booming, and he has evil thoughts of murder and robbery. While Yang Taowu was sleeping, Yang Xinjin slammed his head with metal pieces and heavy objects, killing Tao Yang on the spot. Robbery 10 16 yuan, set fire and fled the scene.
The procuratorate believes that Yang Xinjin should be investigated for criminal responsibility for robbery by using violent means to rob others' money and cause death.
On August 4, 2006, the Zunyi Intermediate People's Court held a public hearing to hear the case.
According to the trial records, Yang Xinjin denied the criminal facts alleged in the indictment, saying that he was tortured by the police of the investigation organ in Zunyi County. According to written materials, Zunyi County Public Security Bureau said that there was no torture to extract confessions.
In court cross-examination, Yang Xinjin always starts with "I didn't kill anyone" or "I didn't kill Tao Yang". Yang Xinjin overturned all the guilty confessions made by the public security organs in court.
Song Chunyan, a lawyer appointed by Zunyi Legal Aid Center, put forward a defense opinion with insufficient evidence. Considering the seriousness of the case, the collegial panel decided to adjourn the court and decide on a date for sentencing.
Thereafter, from August 30th, 2006 to June 30th, 2006 165438+ 10/3, the prosecution applied to the court for three times to postpone the trial on the grounds of the need for supplementary investigation, all of which were granted.
On February 5, 2006, 65438, the prosecution withdrew the prosecution on the grounds of "changes in facts and evidence".
There are 1223 families in the village where the murder happened, with a permanent population of about 5700. In late May, when the reporter visited, he found that although 13 years passed, most people knew that Tao Yang was murdered in his bedroom.
Many villagers who had an intersection with Yang Xinjin commented that Yang Xinjin was "timid", "honest" and even "timid". A contractor confirmed that Yang Xinjin's wife had a conflict with the people on the construction site, and Yang Xinjin, who also worked on the construction site, did not dare to help her.
The news of divestment spread to the village, and everyone in the village said that Yang Xinjin had been to Yang Tao's shop on the day of Tao Yang's accident, and there was nothing unusual. "It's normal that he's fine." I don't believe it's him either.
But Yang Xinjin was finally sentenced.
On February 16, 2007, Zunyi City Procuratorate appealed the case to the court again, and the prosecution facts remained unchanged. On March 9, 2007, Yang Xinjin still pleaded not guilty in court, claiming that he was tortured to extract a confession. Yu Dapei, a defense lawyer, pointed out 20 doubtful points in the case and issued an innocent defense opinion with unclear facts and insufficient evidence.
The collegial panel mentioned that "the details of Yang Xinjin's confession, especially the confession of the trauma of the deceased, cannot fabricate the plot of using weights". Generally speaking, Yang Xinjin's confession is true and credible.
On April 29th, 2007, Zunyi Intermediate People's Court sentenced Yang Xinjin to death for robbery, with a two-year suspension.
Yang Xinjin's wife is drying black sesame seeds collected in her own field.
Appraisal of witness's testimony
According to the prosecution, on June 20, 2006, Yang Xinjin left home twice and went to the street in the village. Among them, Yang Xinjin went to the street for the second time after 12 that day. At about 6:5438+0 in the afternoon, he went to the clinic in Zhou Yong and saw Zhu Zuoqin infusion. After leaving the clinic, he went to Yang Tao's house to chat for a while, and at this time he had the idea of killing people and robbing money. Yang Tao killed and set fire during his lunch break and ran away. At 2 pm, Tao Yang was found dead in bed.
The prosecution cited a number of evidences in court to prove Yang Xinjin's activities before and after the incident.
Besides what Yang Xinjin said, "I went to Zou Yongjia (clinic) for the second time to see Zhu Zuoqin's infusion after 0: 00/2 on the same day", there were also certificates from his wife and several villagers.
Among them, villager Zhu Zuoqin proved to the police that he saw Yang Xinjin go to the clinic in Zou Yong on the morning of the incident. Because Zou Yong was not in the clinic, Yang Xinjin and Zhu Zuoqin said a few words and left between 1 1 and 12.
According to the testimony of Mu, Yang Xinjin's wife, on the day of the incident, "Yang Xinjin bought three pieces of leather paper (going to the street in the morning) and arrived home less than 1 1. He took scissors from my hand to wrap the wick, and didn't wrap it until 2 noon. Then he went to another villager's house. "
Mu Shenglan, a villager, proved to the police that her family invited people to do the project and ate at 2 pm every day. On the day of the incident, when Yang Xinjin went to her house to play, lunch was ready. Mu Shenglan's son, whom Yang Xinjin is looking for, is not at home. He asked Mu Shenglan's grandson to say a few words, drank a cup of tea and left.
The testimony of the above three villagers is reflected in the judgment: witness Mu proved that Yang Xinjin was active at home on the day of the incident; Zhu Zuoqin proved that Yang Xinjin had been to Zou Yong's house around 1 on the afternoon of the incident and left immediately; Witness Mu Shenglan proved that Yang Xinjin had never been to his home that day.
The prosecution's accusation was supported by the court, and the court found that Yang Xinjin had the time and conditions to commit the crime.
The prosecution also accused Yang Xinjin of killing Tao Yang and taking 1, 0 16 yuan from Tao Yang, which also appeared in Yang Xinjin's confession.
However, Tao Yang's father, Yang Zhifen, told the police that Yang Taoyou 1036 yuan was missing. "Among them, 1000 yuan in cash is the new face value of 100 yuan. I heard from Yang Xiukuan that on June 65, 2006, 438+1October 6, 2006, Tao Yang changed the face value of 65,438+for several hundred yuan at the Yangzhi family banquet stall.
Yang Xinjin's confession, 10 16 yuan, includes 4 100 yuan, 8 50 yuan, 5 20 yuan, 1 1 yuan and 6 1 yuan. It paid two books 100 yuan for the eldest daughter, another 100 yuan/book for the other three children and another 1 book for the house project.
The reporter once visited the local area and learned that in 2006, Guizhou Province has begun to implement the reform of the rural compulsory education funding guarantee mechanism, exempting rural (including county and town) students from tuition and miscellaneous fees throughout the province. At that time, Yang Xinjin's four children were in the third grade of junior high school and the sixth, fifth and third grades of primary school, and each child only had to pay a registration fee of 5 yuan. When questioned by the police, the four children denied that their father had given money.
An eyewitness confirmed, "Tao Yang's money is about hundreds or thousands of dollars for others. Who did I lend it to? I have to remember it slowly. " However, the file material does not show the police's pursuit of this clue, nor does it show whether the police went to the school to implement tuition fees and pay workers for the project.
The prosecution's accusation that Yang Xinjin robbed money was finally found by the court.
Doubts about how the murderer escaped.
The transcript of Zunyi police on-site investigation shows that the police handling the case rushed to the scene two days after the incident, and the center site was completely destroyed. According to the memory of the victim's father, Yang Zhifen, the police restored the center scene.
Yang Xinjin's confession of the details of the crime shows, "I picked up the iron piece, held it in my left hand, and put my right hand on his neck. I grabbed it on his head with the iron piece (sic), and the blood came out, but I didn't die. I still glued it to his neck with my right hand, picked up a pound of things beside the fertilizer beside his bed and slammed it on his head twice, killing him. "
The autopsy report concluded that Tao Yang died of severe head injuries. Among them, the examination of the neck showed that "there was no soot and carbon powder attached in the trachea, and the rest were normal", but it did not show whether the "stuck neck" confessed by Yang Xinjin left traces. The autopsy report also showed no results of vomit examination.
According to the physical evidence of the convicted key weapon, the number of scales extracted from the scene of the discovery recorded by the police was "one", which was shown as "six" in the forensic material evidence inspection report, but no traces such as blood, fingerprints and palm prints were detected on the six scales. Yang Tao's family confirmed that the weight had not been wiped or cleaned. The iron sheet confessed by Yang Xinjin was not extracted by the police.
Yang Zhifen once told the police that there was a hammer at home. "The hammer head is square, the hammer blade is flat, and it is a wooden handle." It disappeared after the incident.
Wang Fei and Huang Jiade, Yang Xinjin's attorneys at the appeal stage, told reporters after reading the newspaper that according to the trial files currently available, the police did not find out the whereabouts of the opponent's hammer.
Yang Zhifen didn't believe that Yang Xinjin was the murderer at first. Yang Xinjin confessed that he "committed crimes while Yang Taowu was sleeping". Yang Zhifen told the police that Tao Yang never took a nap.
According to Yang Zhifen's account of his entry into Tao Yang's bedroom to the police, at 2: 28 pm on the day of the crime, he arrived at the street front door of his shop and found that the street front door was locked by a hidden lock with an anti-theft chain hanging inside. He went around the back door and found that the back door was locked, too, and he couldn't get in. He went back to the door facing the street and pried the door in.
Since the 13 incident, the storefront structure of Yang Zhifen's family has not changed. The reporter saw at the scene that to enter Tao Yang's bedroom, whether it is the front door or the back door, you must go through at least two doors.
Yang Zhifen has repeatedly stressed that the front and rear doors to the outside world are locked, and the back door is a padlock. It is impossible to lock the door from the outside, and there are no signs of people who can't get in through the window. He didn't understand how the murderer escaped after committing the crime.
According to Yang Xinjin's confession, he "opened the door from behind Tao Yang's sleeping room" and left. The site plan made by the police shows that one of the back doors is open. On the door connected to the bedroom, the police did not extract physical evidence such as Yang Xinjin's fingerprints.
Many villagers confirmed that after the police identified Yang Xinjin as the murderer, Yang Zhifen once said in public that "stop looking, it can't be him". Yang Zhifen confirmed to reporters that he did say that he thought that "even he could not file a case".
Schematic diagram of crime scene
Neither the murderer nor the victim's family is satisfied.
On July 10, 2007, the Higher People's Court of Guizhou Province finally decided not to hold a court session and held a written hearing, thus maintaining the judgment of Zunyi Intermediate People's Court. As an incidental civil plaintiff, Yang Zhifen once protested to the procuratorate, but failed. The reason for the protest was that Yang Xinjin's crime of burning corpses was increased. Yang Zhifen believes that if Yang Xinjin really did it, the court should immediately sentence Yang Xinjin to death.
Yang Zhifen has eight children, and Tao Yang is the only child. In fact, after the judgment of the first instance, Yang Zhifen insisted that Yang Xinjin "did not give up his accomplice" in addition to the amount of compensation, and began to petition everywhere to find out the problem. The village Committee has repeatedly come forward to coordinate.
Yang Tao's family feud for many years was transferred to Yang Xinjin's family. Yang Zhifen's family once injured Yang Xinjin's family, and the village Committee and the police station came forward to persuade them to leave.
Since the beginning of this year, Yang Zhifen has seen Yang Xinjin's complaint materials appear on the Internet, so he collected them and printed them out. Looking at these materials, he was extremely angry: "I don't want to believe that Yang Xinjin did it, so who is the murderer?" Find it for me! "
13 years later, Yang Zhifen's home is still in the original place, selling agricultural products, and many questions have not been solved. For many years, Yang Zhifen has been trying his best to preserve the traces of the scene.
Affected by this case, Yang Xinjin's three children have transferred to other places to attend primary schools. The youngest son is currently in college and doesn't go home all the year round.
Yang Xinjin, who is serving his sentence, resolutely pleaded not guilty and kept submitting complaint materials to people's courts and procuratorates at all levels. Yang Xinjin said in the complaint materials that on the day of the incident, he only crossed the street in the morning and didn't go out of the house again until 2 pm, and there was no time to commit crimes.
20 17, 12 On April 2, Guizhou Provincial Procuratorate issued a notice on the results of criminal appeal review, arguing that the case did not meet the conditions for filing for review.
In 10 years, Yang Xinjin complained to three lawyers. When Wang Fei, the lawyer entrusted with the complaint, saw Yang Xinjin in prison, he "cried like a child" and insisted that he was not there at that time and that he had not committed the crime.