In the Moscow region, the father of an 11-year-old boy, Yuri Boldyrev, is seeking an objective investigation into the circumstances of the accident, after which his son remained disabled.
The accident occurred on August 2, 2021 in the village of Savvinskaya Sloboda, Odintsovo district, Moscow region.
The driver of a VAZ-2114 car, 20-year-old Pavel Shmelev, knocked down a ten-year-old cyclist Dima Boldyrev.
At that time, the boy was walking with his grandfather.
“I saw a missed call on the phone, I call back, and my grandfather says: “Dima was hit, hard,” recalls the boy’s father, Yuri Boldyrev, in an interview with RT.
- When I arrived at the place, I saw that his sneakers had fallen off.
I thought everything.
Everything swam before my eyes.
The ambulance did not go, the local doctor came running.
Under his supervision, we loaded our son onto the board - and into my car.
And they took me to the hospital.”
According to Boldyrev, the district hospital considered the child’s injuries to be very serious and transported the boy to a hospital in Lyubertsy by air ambulance.
According to an extract from the medical history, the boy was admitted with a severe concomitant injury, an open penetrating craniocerebral injury, a severe brain contusion, a fracture of the vault and base of the skull, pneumocephalus, multiple bruises and abrasions, a closed fracture of the clavicle with displacement, a fracture of the left pubic bone.
These injuries were classified as grievous bodily harm.
© From the case materials
On the fact of the accident, a criminal case was initiated under Part 1 of Art.
264 of the Criminal Code of the Russian Federation (violation of traffic rules, which negligently entailed the infliction of grievous harm to human health).
The driver of the car is still walking over it as a witness.
"Fault of the cyclist"
“My son was in a coma for two months.
Then he was given a disability.
We're trying to get him back on his feet.
He moves in a wheelchair,” says Boldyrev.
- Doctors say: we are lucky that he survived and recovery is somehow happening.
But we really want to return it to its previous state and remove the disability.”
According to the boy's father, at first after the accident, he was only concerned with his son's health and believed that the investigators themselves would sort out the circumstances of the incident.
However, when he came to get acquainted with the result of the autotechnical examination, he was shocked by the conclusion of the experts.
According to the document (available to RT), they considered that it was the cyclist who violated the traffic rules, which caused the accident.
In turn, the driver allegedly did not violate any rules.
“Incorrect data was sent for examination - an incorrect accident diagram, which said that the boy crossed the roadway and drove to the right, while he turned left without crossing the road,” Elena Kadovik, a lawyer for the Boldyrev family, tells RT.
“We found a document with data in the file that was sent for examination.
It had a fake signature from her father.”
© From the case materials
In addition, according to Kadovik, it was not taken into account that the accident occurred in a residential area.
The driver's speed of 42 km/h did not exceed the permitted 60 km/h in the settlement, but in the residential area the limit is 20 km/h.
“After the results of the examination, the case was dismissed.
We sent a petition stating that incorrect data were used in the examination and it cannot be considered valid, ”the lawyer notes.
We also noticed that not all the injuries of the child are indicated in the case.
They asked me to fix it."
As a result, the investigation of the criminal case was resumed.
On December 15, 2021, an additional auto-technical examination was scheduled with corrected data.
However, it was never carried out.
According to the documents (available to RT), on January 14, 2022, an answer was received from the expert organization that the initial data necessary for giving a conclusion had not been received.
Therefore, it is not possible to answer the questions.
“I assume that investigators may deliberately delay the investigation of the case so that the two-year statute of limitations expires on the article and the driver can evade liability.
We have already lost count of how many times the case was closed and resumed,” says the lawyer.
- He obviously has some connections in the traffic police.
According to her, eyewitnesses said that Shmelev, after the accident, allegedly confessed to his mother on the phone that he “drank a bottle of beer” before driving.
But he was taken for a medical examination only 6 hours after the accident, and naturally, after so much time, he turned out to be sober.
In addition, the study itself was conducted in the institution where Shmelev's mother works.
Also, according to Kadovik, other violations were committed during the investigation.
The boy's bike is still in the parking lot, as it is evidence in the case.
But the driver's mother took the car and the registrar out of it.
The lawyer suggested that the car had already been sold.
© From the case materials
“Then the case was closed again.
We were not even able to get acquainted with the reasons, ”the lawyer complains.
According to Kadovik, after that appeals were sent to the district, regional and General Prosecutor's Offices, as well as to the Main Investigative Directorate of the Investigative Committee of the Russian Federation for the Moscow Region on the fact of falsification of the signature and negligence of the bodies of inquiry, delaying the investigation.
So far, Boldyrev has received only formal replies in response.
Father obstructed interrogation
For clarification on the situation, RT turned to the press service of the Main Directorate of the Ministry of Internal Affairs of Russia for the Moscow Region.
The department reported that the criminal case was dismissed, as it was found that the driver did not have the technical ability to avoid a collision.
“The investigators did not interrogate the victim himself due to the categorical refusal of his legal representative.
Provided that the driver of the car explained that he saw the boy only at the time of the collision, the forensic autotechnical examination was carried out without the testimony of the pedestrian, the response to the request says.
- According to the conclusion of the autotechnical forensic examination conducted at the RFSC SE under the Ministry of Justice of the Russian Federation, in this traffic situation, the driver of the VAZ car did not have the technical ability to avoid hitting a child by applying braking.
Based on this conclusion, the investigator decided to close the criminal case.
The department also explained that soon the decision to terminate the criminal case was canceled.
At the moment, the testimony of the child has been received, two investigative experiments have been carried out, and additional forensic and autotechnical examinations have been appointed based on the new data received.
© From the case materials
In turn, Boldyrev explained to RT that he refused the investigator to interrogate his son, since the child had not yet come to his senses.
“They started demanding interrogation back in August, and the son was then in a coma.
Later, they also asked to talk to him, but he remembers almost nothing, the psyche is recovering slowly, and we did not want to stop the positive dynamics with these memories, ”says the boy’s father.
“I put my son’s health as a priority.
Now he is better and the interrogation was carried out.”
According to the man, he intends to ensure that the case goes to court.
He stressed that the driver did not even offer help and did not get in touch with him.
“I want justice.
As a human being, I thought that the driver would come to us the next day.
But I saw him only twice - on the day of the accident and at the investigative experiment.
He did not call an ambulance - it was called by eyewitnesses.
He stood aside.
He didn’t apologize, he didn’t offer help,” says Boldyrev.
- 17 days after the accident, an SMS message came from his mother.
She said she wanted to help.
But we needed help right away.
Then she simply asked to talk about the state of her son.
© From the case materials
In turn, Pavel Shmelev himself refused to communicate with RT.
His lawyer, Yevgeny Erkovich, also did not agree to give comments without the consent of the principal.