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May 25, 2015

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Prosecutors clear officer in fatal shooting

PROSECUTORS investigating a fatal shooting at a railway station in northeast China have ruled that the police officer involved was acting “within the law.”

When Li Lebin shot Xu Chunhe on May 2 at Qing’an County Railway Station in Heilongjiang Province, his firearm use conformed with regulations, as did his responsibilities as a police officer and protector of the peace, a statement from the railway transport procuratorate of Harbin, the provincial capital, said.

The findings echoed a previous statement released by Harbin Railway Police that said the gun had been discharged in the line of duty and Li had not broken any laws or protocols.

Xu, 45, was traveling with his 81-year-old mother Quan Yushun and his three children, when he attacked Li and continued to assault the officer despite multiple warnings, the statement said.

Surveillance footage was made public on May 14, but doubts were expressed over the authenticity of the tape, the legality of Li using his gun and the reason for the altercation.

There was also speculation that the local government had paid “hush money” to Xu’s family to keep quiet about the case.

The surveillance footage was original and not edited, said Gao Lei, a forensic examiner with the digital forensic center under the Beijing Network Industry Association.

The tape shows Xu, his mother and three children arriving at the railway station on the morning of May 2, and Xu buying tickets to Dalian, a city in neighboring Liaoning Province. The family then went to a nearby restaurant for lunch, before returning to the station and sitting in a waiting room.

At around 12pm, Xu can be seen blocking the security check passage with a trolley and closing one of the doors to the waiting room. A security guard called for police assistance and Li responded. Despite warnings and attempts at persuasion, Xu refused to stop blocking the security passage.

When Li opened another door to let passengers in, Xu threw a bottle of water at him. A struggle followed, during which Xu moved to pull something from his waist. Li then drew his gun but did not raise it, later replacing it in its holster.

Li then returned to his office to fetch a baton, closely followed by Xu.

As Li attempted to restrain Xu, he met violent resistance, the procuratorate statement said. Having tried to grab the baton, Xu pushed his mother into the officer. He then tried to push his daughter toward the officer, knocking the little girl to the ground.

At around 12:06pm, Li fired.

Procurators had examined the surveillance footage, interviewed witnesses and collected statements and more than 100 pieces of evidence, said Sun Chengyi, head of the Harbin railway transport procuratorate.

“Officer Li’s use of the gun conformed with the regulations and the law,” Sun said.

Law experts who watched footage of the incident supported the conclusion, Sun added.

Li possessed a firearms license and had the duty to safeguard the security of the railway station, said Professor Yang Zongke of the Northwest University of Politics and Law.

Li gave oral warnings and used his baton before shooting. If he had not opened fire, Xu’s violence would have posed a threat to public safety, the professor said.

Professor Wang Lei, of the Peking University School of Law, said: “If the police officer had not opened fire, he could have been accused of dereliction of duty.”

An autopsy confirmed that Xu’s blood alcohol level was 1.28, classed as “intoxicated.”

Harbin railway police gave Xu’s family 200,000 yuan (US$32,268) after his death and Quan said the money would be used to support her grandchildren.




 

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