Duck farmer could be tried for poultry thief's death

A procuratorate in Fujian province is reviewing the case of a duck farmer who was charged with negligent homicide after a poultry thief he was chasing fell and died of his injuries.

According to a statement released by the procuratorate in Zhangpu county on Wednesday, the farmer, surnamed Lan, was alerted to the thief's presence by the sound of ducks quacking at about 4 am on March 19.

Lan, 51, gave chase to the thief, a 57-year-old surnamed Chen, and got close enough to pull on his left sleeve.

Chen tried to get wriggle free, but slipped on a patch of wet ground and fell, hitting his head on the concrete.

Despite being sent to a hospital, he died the next morning of severe brain damage.

On March 29 local police requested the procuratorate issue an arrest warrant for Lan on the charge of negligent homicide, but this was declined.

The procuratorate stated that the facts of the case were unclear and there was not enough evidence to support the charge.

Last month the police tried again, transferring the case to the county procuratorate, which was asked to review the case and make a decision on prosecution.

The procuratorate said on Wednesday that it had not yet reached a decision on whether to prosecute Lan, adding that its decision will be announced within 45 days of the case being transferred.

Meanwhile, local media have reported that Lan had, in fact, tried to save Chen.

"It was raining heavily and the temperature was cold. I even asked my husband to help him up and held an umbrella for him after he fell down," Lan's wife was quoted as saying.

It was reported that Chen had twice been detained by police in December 2015 for stealing poultry and a bike he had used was found abandoned near Lan's home, next to yellow plastic sack that had four chickens in it.

Hong Daode, a professor at China University of Political Science and Law, said that judging from the details available, Lan's action did not amount to negligent homicide.

"Chen's death was unforeseeable. Unless there is evidence showing that Lan deliberately made Chen fall and hit his head to kill him," said Hong.