GUIGANG Camiseta Jose Callejon España , Guangxi, April 9 (Xinhua) -- A court on Wednesday rejected the appeal of a former policeman who was given a death sentence for shooting a pregnant woman dead in south China's Guangxi Zhuang Autonomous Region.
The Higher People's Court of Guangxi Zhuang Autonomous Region upheld the verdict handed down to Hu Ping, who was sentenced to death for intentional homicide at his first trial in February.
Guigang Intermediate People's Court heard the case publicly on Feb. 13.Hu was also ordered to pay 73,324 yuan (12,091 U.S. dollars) in compensation to the victim's family at the first trial.
A police investigation found that Hu, 34, was drunk when he shot the woman and her husband, who ran a rice noodle restaurant, on Oct. 28 in Pingnan County.
The husband, Cai Shiyong, sustained minor injuries to his right shoulder. His wife, Wu Ying, and their unborn child died after being shot twice by Hu.
COURT RULING
In his defense during the the appeal hearing held on April 1, Hu denied that he shot three times as prosecutors alleged. He also argued the firearm residue on Cai's sleeve proved he had tried to grab the gun, which caused it to discharge accidentally.
During Wednesday's public trial, the Higher People's Court denied his arguments as several witnesses testified that Cai had not attempted to grab the gun until after his wife had been shot.
The court also rejected the request of Hu's lawyer's for new evaluation on Hu's mental state when the shooting occurred. The lawyer believed Hu was too drunk to be aware of his behavior.
An examination report by the Fifth People's Hospital of Nanning showed that Hu was drunk but in control.
According to the court, Hu, as a policeman, first violated the regulations on gun control by carrying a gun to a dinner party and getting drunk. Then he committed crimes by shooting innocent people and leaving one dead and the other injured, according to the Higher People's Court.
Hu's crime employed "exceptionally cruel methods" and caused "abominable influence on society," said the court.
The ruling of the first trial was based on "clear facts" and "valid and adequate evidence," and "the conviction was accurate and then penalty proper," it said.
It will report Hu's case to the Supreme People's Court for verification and approval, it added.
It has not yet been decided when the Supreme People's Court will deliver the final verdict.
FAMILIES' REACTION
Some family members of the defendant and the victims appeared in the court and they were all in tears upon the verdict.
Cai's family labelled the court judgement "fair and justified," but they declined to give further comment.
The Hus, however, believed the death penalty was "too heavy."
"Is it too much to end his life for his one misstep?" asked Hu's elder sister, who could barely control her tears and trembling hands.
"My little brother has always been a nice guy. He is friendly to the people around him. Since he became a policeman, he worked so hard that he never spent one single Spring Festival with us," she said.
Hu's lawyer handed over a petition by villagers from Yuwu in Pingnan County, Wu's hometown, asking for leniency for Hu.
The lawyer also presented the court with an "agreement of understanding" drafted by the defendant and signed by the relatives of Wu, including her mother and brother.
Prosecutors did not believe that Cai had tried to grab the gun before his wife was shot and claimed the evidence Hu provided to the court was irrelevant.
"I beg the court and the whole society to give him another chance," said Hu's sister.
LOOPHOLES ON GUN-CONTROL
Hu's case has aroused reflections on police use of guns in China, as experts warned of loopholes in the law.
"Hu's case has rung alarm bells on firearms management in China. Gun carriers must obey the laws and regulations," said Li Liping, a lawyer with the Beijing-based Shangheng Law Firm.
According to Li, China has few laws on gun control and some public security organizations fail to give due attention to gun management.
"In this context, a drunk policeman has a higher risk of causing a tragedy," said the lawyer.
Wei Yongzhong, deputy dean of the School of Police Administration under the Beijing-based People's Public Security University of China, also described China's gun-related laws and regulations as "not detailed enough."
"For instance, China has different kinds of police, but there are no detailed and strict rules about which of them are allowed to be armed with guns," said Wei.
"It's extremely dangerous when a policeman is allowed to use a gun in an arbitrary way when he or she is off work," he added.
A policeman with the public security department in Guigang, who asked for anonymity, told Xinhua that it's necessary for police to carry a gun when summoned, but the gun carrier needs to have passed legal examinations, training and had "real-world" experience.
"Police staff should always have the law on their minds and stay vigilant against misbehavior so as to avoid repetition of this tragedy," he said.
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