A man on trial for murder claimed his friend violently killed Gracijus Balciauskas after a drunken game of chess turned ugly — and then threatened to do the same to him if he dialled 999 for help.
Jaroslaw Rutowicz, 39, and Vitalijus Koreiva, 36, are accused of murdering Mr Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.
The trial at Leeds Crown Court began last week with the prosecution giving evidence. The court heard how Mr Balciauskas’s body was found wrapped in a rug and CCTV footage was shown of the three men buying alcohol in the hours leading up to his death.
Mr Rutowicz took the stand today to begin his defence.
Speaking through a translator, the Polish national said he came to the UK in 2004 and worked as a bricklayer.
After moving to Harrogate in 2019, he developed a friendship with Mr Koreiva and Mr Balciauskas through work.
The three men ended up living together at 6 Mayfield Grove. Mr Rutowicz described Mr Balciauskas as a “brother” and said they would meet in the evenings after work to drink and talk about their future plans.
‘Brutal’ assault
The drinking session that ultimately led to Mr Balciauskas’ death began on December 19. Mr Rutowicz said tensions flared after Mr Koreiva shaved off some of Mr Balciauskas’s hair as a practical joke whilst he was sleeping.
Mr Rutowicz said in the early hours of the next morning the three men ran out of alcohol so Mr Koreiva and Mr Rutowicz took a taxi to Pannal’s BP petrol station to buy more.
They returned to Mayfield Grove at around 5am when Mr Balciauskas challenged the two men to a game of chess, which they often enjoyed playing together while drinking.
Mr Rutowicz said Mr Koreiva erupted in anger during his game with Mr Balciauskas and described the ensuing beating of Mr Balciauskas by Mr Koreiva as “brutal”.
He said:
“Vitalijus was shouting more than Gracijus. At one point Vitalijus got up and threw Gracijus onto the floor from the stool. He started to beat him with his fist and with the heel of his foot.”
Mr Rutowicz then filmed a bloodied and bruised Mr Balciauskas with his mobile phone. He claimed this was to stop the fight and provide evidence that he was not involved in case it was later needed by police.
He said:
“I then decided to start filming. It was brutal. I wanted to use that in order to stop the fight. I approached and started to pull Gracijus away. Vitalijus was beating him and kicking him.”
Read more:
- Harrogate murder trial hears that body was found in a rug
- Man denies murder at flat on Harrogate’s Mayfield Grove
‘If you call the police, I will kill you’
After the assault, Mr Rutowicz said Mr Balciauskas was still alive but fading out of consciousness.
He said he wanted to call 999 but was stopped by Mr Koreiva who said he would kill him if he did.
Mr Rutowicz said:
“He started to threaten me. Gracijus was lying on the floor. I could hear him saying something. I was afraid to approach because Vitalijus told me to stay away or he would kill me.
“At a certain point, Gracijus’s head was drooping. I approached to film him and recorded what he was saying to me.
“I had my phone in my hand and turned towards Vitalijus. I said I was going to call the police. He raised his fist to me and said if you call the police or ambulance, I will kill you.
“That terrified me. I felt fear as if my body was paralysed by it.”
Mr Rutowicz said he and Mr Balciauskas “loved each other like brothers” and maintained that he did not strike or kick him during the assault.
He then went to check his pulse, which was faint. He said:
“Gracijus whispered to me, ‘it hurts’
“I said to him, “brother, everything will be fine, hang in there.”
“He knew I wanted to help him, he said ‘thank you’.”
Mr Rutowicz, who was tearful in court, described the moments after Mr Balciauskas died.
“It was a shock to me. I had lost my brother. I turned my head towards Vitalijus and said, ‘You’ve killed Gracijus. Gracijus is dead.’
“I said, ‘If I had called the ambulance when I wanted to, he would still be alive’.
“But I was threatened. It was a complete nervous breakdown for me. Vitalijus sat and looked at what I was doing. I simply got up feeling broken and sat down on the bed.”
‘Total shock’
With Mr Balciauskas now dead in the flat, Mr Rutowisz claimed Mr Koreiva wanted to cover up the crime and suggested wrapping his body up in a rug before burying him. Mr Rutowisz told the court:
“He said, ‘Shut your trap. I was in prison for four years. I will not go back’.”
Mr Rutowisz claimed he was in fear for his life after Mr Koreiva ordered him to go to Asda on Bower Road to buy more whiskey and cigarettes. He said he would “find him and kill him” if he did not return to Mayfield Grove.
He said the reason he returned to the flat and didn’t call 999 was due to fear.
“Never before had I the feeling that someone could kill me. There was a second feeling of realising that my brother was dead. Those two feelings caused total shock in me and a breakdown.”
After Mr Koreiva fell asleep later that evening, Mr Rutowisz went back to Asda at around 11pm.
He called family members in Poland to tell them what had happened before calling 999 to say there was a dead body at the flat.
He strongly denied telling an Asda employee that he confessed to murdering Mr Balciauskas.
The trial is expected to last until the end of this week.
