On the 9th, Wen Yuzhang and other prisoners got on the police car to leave. Photo provided by Southern Metropolis Daily.
In February last year, Wen Yuzhang removed the breathing tube of his unconscious wife Hu Jing, and was arrested for suspected intentional homicide. At 10 o'clock on the 9th, the Intermediate People's Court of Shenzhen made a first-instance judgment: Wen Yuzhang was guilty of intentional homicide, but the circumstances were relatively minor, and he was sentenced to three years in prison, suspended for three years.
After the verdict was announced, Wen Yuzhang said he would accept the judgment and not appeal. Hu Jing's mother and sister, however, thought it was "unfair", and her mother shouted loudly in court "Give me back my daughter."
■ The Origin
A Man Removes the Tube Causing His Wife's Death
On February 9 last year, 34-year-old Hu Jing fell down in the bedroom. Her husband Wen Yuzhang confessed to the police that he was ironing clothes on the attic when he heard the sound and rushed downstairs to find his wife lying on the ground. He immediately called for help and sent her to the hospital. The doctor said that her breathing had stopped for too long, causing brain damage, which was close to brain death. On February 16, Wen Yuzhang forcibly removed his wife's breathing tube in the ICU ward, and she died from respiratory failure.
Yesterday, the court read out the full text of the verdict, which was clearly structured and carefully written. According to the court investigation, at around 8 p.m. on February 9, 2009, Hu Jing fainted at home in Wanjia City, Bantian Street, Longgang District, Shenzhen. Wen Yuzhang and Hu Jing's mother Xiao Guilin and others sent Hu Jing to the hospital for emergency treatment. Around midnight the next day, Hu Jing was transferred to the ICU ward of the Second People's Hospital of Shenzhen for treatment. Hu Jing remained unconscious with a heartbeat and blood pressure, but could only rely on a ventilator to survive.
At about 3 p.m. on February 16, when Wen Yuzhang visited Hu Jing in the ICU ward, he heard a nurse say that there was no change in Hu Jing's condition, so he burst into tears while leaning over Hu Jing's bed. After a while, Wen Yuzhang pulled out Hu Jing's breathing tube, blood pressure monitoring tube, and other medical equipment. The nurses and doctors in the ward saw this and tried to stop him, stating that they needed to reinsert the tube to save Hu Jing, but Wen Yuzhang continued to prevent them by lying on Hu Jing's body, saying that he wanted to abandon treatment because he didn't want to continue saving her as it was too painful for the patient. At around 4 p.m. that day, Hu Jing passed away.
■ Verdict
Intentional Homicide with Relatively Minor Circumstances
The court believed that Wen Yuzhang forcibly removed the life-saving equipment from his wife, leading to her death, which constituted intentional homicide. After the incident, Wen Yuzhang voluntarily surrendered and confessed to his crime without reservation, which should be legally recognized as self-surrender, allowing for mitigated punishment. Wen Yuzhang expressed willingness to fully compensate the economic losses suffered by the victim's close relatives and has already paid in full, showing significant remorse and confession, and can be punished leniently according to law.
Taking into account the facts that the case occurred between spouses, Wen Yuzhang is a first-time offender, the intentional homicide was relatively minor, he surrendered himself, compensated actively for the economic losses suffered by the victim's close relatives, and many residents jointly requested the court to impose a lighter sentence, declaring probation for Wen Yuzhang will indeed not cause further harm to society. The court made a first-instance judgment sentencing Wen Yuzhang for intentional homicide, with three years in prison, suspended for three years.
Wen Yuzhang indicated acceptance of the verdict and would not appeal. Hu Jing's mother Xiao Guilin and sister Hu Bei, however, thought the sentence was "too light and unfair," and Xiao Guilin shouted loudly in court "Give me back my daughter."
■ Compensation
Victim's Family Receives 1.28 Million Yuan Compensation
Xiao Guilin proposed a total of 1.285 million yuan in compensation claims including death compensation, funeral expenses, and dependent living expenses. On the 9th, the court announced that both parties agreed to mediation. Wen Yuzhang was willing to pay the full amount, and Xiao Guilin filed a withdrawal application, which the court approved. Currently, the Wen family has already paid this compensation.
It was learned that Xiao Guilin's civil inheritance dispute case in the district court and her lawsuit against the hospital can only continue after this case is settled.
On the 9th, after the court announced the verdict, Wen Yuzhang's brother Wen Yubin handled the bail procedures for him and took him home.
■ Behind the Scenes
Negotiation Recordings Between Wen and Hu Families Exposed
A recording provided by Wen Yubin from May last year showed that Wen Yuzhang attempted to communicate with Hu Bei and Xiao Guilin. Wen Yubin said that Hu's family were also victims, and he proposed compensating them 500,000 yuan and paying 20,000 yuan annually thereafter, but they refused.
The following is an excerpt from the recording:
Hu Bei: You said 500,000 yuan, I think this amount is not enough. At least 10 million yuan.
Wen Yubin: Why?
Hu Bei: I think it's justified.
Xiao Guilin: Their (Wen Yuzhang) couple's property, plus the demolition of Gangxia No. 145... We calculated it to be about more than 10 million yuan.
Wen Yubin: But the child still needs to be raised.
Hu Bei: Child is another matter. Calculate how much their couple has in total (property), half belongs to Wen Yuzhang, half belongs to Hu Jing, Wen Yuzhang has no right to inherit his part anymore, Hu Jing's half will be inherited by my mother and two children. My mother has the right to inherit 10 million yuan, and each child also has the right to inherit 10 million yuan.
Xiao Guilin: If you cannot accept, we will have to go to court. If you can resolve it yourselves, we can do some work with the police, and we can tell the court and procuratorate "to lighten the sentence"...
Wen Yubin said that this recording proved that Hu's family appeared as victims in front of everyone, but secretly reached out to Wen's family for money.
On the 9th, Hu Bei admitted the authenticity of the recording. She said that 10 million yuan was the heritage her mother should receive.
■ Three Key Points
Regarding the Motive for the Crime
Hu Jing's mother Xiao Guilin said that Wen Yuzhang had an ambiguous relationship with a third party, Zhang Mou. Wen Yuzhang's removal of the tube was a well-thought-out decision because he feared that if Hu Jing woke up, she would divorce him and divide their assets, and he feared that if Hu Jing did not die, the third party could not enter the family.
The court believed that upon investigation, the nurse testified that Wen Yuzhang cried after hearing that Hu Jing's condition had not changed; after Wen Yuzhang removed the tube, he prevented the doctors and nurses from treating Hu Jing and stated that he wanted to abandon treatment because he did not want to continue saving her due to the pain she was experiencing.
The nurse's testimony was corroborated by the testimonies of witnesses He Mou and Lu Mou. Taking into account the harmonious relationship between Wen Yuzhang and Hu Jing before her death, their complete family, and comfortable living conditions, the court found Wen Yuzhang's statement regarding the motive for the crime credible. There was no evidence supporting Xiao Guilin's statements, thus it could not be accepted.
Regarding the Nature of This Case
The defense counsel argued that maintaining heartbeats through a ventilator does not mean the person is still alive, hence Hu Jing's death was unrelated to Wen Yuzhang removing the tracheal tube.
The prosecutor argued that from a legal perspective, Wen Yuzhang indeed carried out the act of removing the breathing tube during the development of the victim's condition. Whether from a medical or legal standpoint, Wen Yuzhang's actions constituted intentional homicide.
The court believed that as long as a person shows signs of life, they should be considered to have legal rights, and no one has the authority to terminate their life under any pretext. The prosecutor's statement is supported by facts and law, and should be upheld.
Regarding the Cause of Hu Jing's Death
The conclusion of the "Forensic Pathology Autopsy Report" by Futian Public Security Bureau was: Hu Jing had malformed cerebral vessels accompanied by rupture and bleeding, with the brain hemorrhage concentrated in the basal ganglia, brainstem, and cerebellum areas. The cause of death was that during Hu Jing's hospitalization, she had spontaneous heartbeat but no spontaneous breathing, relying on a ventilator to maintain respiration. After the tracheal tube was removed, her breathing stopped, leading to her death.
According to reports by Southern Metropolis Daily.