MOSCOW, February 16 (Itar-Tass) — City prosecutors passed Rasul Mirzayev's case, who delivered a fatal hit to Ivan Agafonov, a 19 year old student, to the investigator for eliminating violations.
"The Moscow prosecutor's office sent the criminal case against Rasul Mirzayev for arranging a probe and eliminating the violations stated in the court's resolution, to the main department of the Investigative Committee for Moscow," spokeswoman for the city prosecutor's office Valentina Titova told Itar-Tass on Thursday.
On Wednesday, Moscow's Zamoskvorechye court ruled to meet the prosecutor's petition.
Oksana Mikhalkina, representative of Agafonov's family, said the victim's relatives believe the final expert examination - that looked into the cause of the death -- carried out in St.Petersburg was illegitimate, because the relatives had been advised too late.
Mikhalkina reiterated the family’s position: "Mirzayev must be accused under the Criminal Code article on "malicious infliction of serious harm to health, which resulted in a person's death /this offense is punished by up to 15 years in prison/, not under the article on "causing death by negligence" /up to 2 years in prison/.
The prosecutor acknowledged "a serious violation of the injured party's rights."
The fatal incident occurred in Brodnikov Pereulok in central Moscow on August 15, 2011. Student Ivan Agafonov was rushed into a hospital after a punch delivered by Mirzayev near the Garage nightclub and died several days later without regaining consciousness.
Two expert examinations were carried out within the case, which showed that the death was caused by a fall onto asphalt after a powerful blow. After pre-trial investigation, the charges were softened from malicious infliction of harm to health, which resulted in the victim's death to causing death by negligence. The media broadly covered the nightclub incident causing a public stir. Mirzayev turned himself in to the police the next day after the incident.