Detectives have poked holes in lawyer Assa Nyakundi’s account of how he accidentally shot his son death, with reports he could have shot him in Parklands area, and not in Muthaiga.
The lawyer said he accidentally shot the son near their Muthaiga North home on their way from ICC church on Mombasa Road on March 17.
But according to a CCTV footage obtained from the police Integrated Command, Control and Communication (IC3) centre, Nyakundi’s car, was captured at the Museum overpass at 12.50pm.
The vehicle, a Toyota Axio, was captured from Uhuru Highway and his son was seated on the left rear seat. The vehicle diverted to Wambugu Lane at the intersection of Parklands Road near Nairobi Law Campus to join Limuru Road.
Nyakundi arrived at the hospital at exactly 1.21pm with his son, 29-year-old Joseph, already dead. Doctors said he had a perforating wound where the bullet passed completely through the body and hit the left rear seat of the car.
Detectives believe Nyakundi either stopped somewhere or drove around Parklands since being a Sunday and with minor or no traffic snarl ups, it could not have taken him 30 minutes from Museum to hill Aga Khan Hospital, normally a five-minute drive.
Initial results of an autopsy conducted last week revealed that Joseph was shot from the outside of the rear back of the car.
“The shot projection from the chest exiting at the back suggested that the bullet was released from outside the car,” said the autopsy report.
The findings in the autopsy that was conducted by government pathologist Johansen Oduor contradict a statement that the lawyer recorded at Muthaiga Police Station that he accidentally shot his son when adjusting the position of his pistol.
For at least the third time, preliminary report based on the ballistic examination, autopsy findings, CCTV footage and initial investigations have rebutted the lawyer’s explanation of what transpired on the fateful Sunday.
Though a very important process in the investigations, by yesterday evening, police had not recorded a statement from the lawyer.
Commonly referred to as statement under inquiry, is a form of inquiry into an alleged crime where the police believe the suspect may be connected with the crime or has useful information regarding it.
Once the investigations are complete, and detectives have gathered enough evidence to charge the suspect with the offence, theyw will record another statement -a charge and cautionary statement -where police will also include matters gathered in the course of investigations.
Investigations are to establish whether there was a deliberate intention unlawfully to take away the life of his son or whether there was considerable provocation.
“He was shot in the chest. Knowledge that an act may cause death or serious harm establishes malice aforethought which is a key ingredient in proving murder,” said a senior officer.
The postmortem further revealed that the deceased died due to “chest injuries and haemorrhage due to a gunshot that was shot at an angle of 90 degrees.” The report says in part.
He fired from his Glock Pistol serial number GUZ 521 which has since been seized as an exhibit following ballistic examination was loaded with 13 rounds of ammunition.
A day after the fatal shooting, police visited and searched his house where they recovered two more firearms and 471 rounds of assorted ammunition.
Police said the lawyer is still admitted at Ward LMF on the third floor of Nairobi Hospital.