A decades-long legal saga involving a 2000 Warsaw pub shooting and alleged mafia connections culminated in the acquittal of Marek N., despite initial convictions.
The New Year’s Eve Blast
In 1999/2000, a New Dwór Mazowiecki pub owner discovered a loosened paving stone on the terrace while preparing for a year-end school party. Attempting to secure it, he triggered an explosion that killed him and fatally injured three young employees.
Police investigators determined the bomb weighed over five kilograms and was likely intended to detonate during an evening meeting between Paweł G. (“Głębik”) and Krzysztof B. (“Szczurek”), members of the Nowodworski mafia. Initial suspicions pointed to a gangland settling of scores, but the investigation stalled.
A Failed Hit and a Close Call
In November 2000, G. and B. frequented a pub called Tartak, wearing bulletproof vests, aware they were intended targets.
That evening, two masked gunmen opened fire with machine guns in the dimly lit pub. The victims’ vests proved insufficient protection against 34 bullets. The assailants fled in a red Ford Sierra.
The Investigation and Initial Arrests
Months passed with no breakthroughs in the EB and Tartak investigations. No fingerprints or biological traces were found, and the getaway car yielded no clues.
A break came with the arrest of Marek N., alias “Marek z Marek,” and Daniel E., known as “Chulio,” on unrelated robbery charges. Both were linked to the Wołomin mafia and worked as hitmen for other gangs, including those led by the K. brothers from Modlin.
The Modlin Connection and a Jailhouse Alibi
One of the K. brothers was already in custody. Authorities intercepted a message he sent to a Modlin gang member, seeking an alibi for the EB pub bombing.
In 2003, indictments were filed against leaders of the Modlin criminal group, including the K. brothers, Marek N., and Daniel E. Charges included leading a criminal group, attempted murder, and possession of explosives.
A Key Witness and Contested Testimony
The primary direct evidence against Marek N. came from Agnieszka P., who was present at Tartak on the night of the shooting.
P. testified she saw N. enter the pub several times without a mask and then spotted him briefly before the shooting while going to her car. She identified him by his eyes and build, claiming the masked gunman who glanced at her car was the same man she saw earlier.
Gang Warfare and Further Violence
In 2004, a power struggle erupted in Nowy Dwór, as rivals sought to take control of the K. brothers’ criminal enterprises. Andrzej B. (“Broda”) and Mariusz S. (“Skowron”) emerged as contenders, enlisting Konrad O. (“Obój”) and Rafał Ł. (“Zwierzak”).
“Zwierzak” arranged a meeting with “Skowron” and “Broda” which ended with him shooting them both through the car seats. Their bodies were abandoned in the woods.
Shortly after, Konrad O. was shot and killed in a hospital while recovering from a separate incident. The attackers escaped through a window.
“Zwierzak” Takes Control and Escalates Violence
Rafał Ł., believing the K. brothers had ordered the hit on “Obój”, seized control of the gang. He demanded all members have at least one murder on their record to prevent anyone from becoming a state witness.
Ł. targeted Dariusz K. for elimination, but the attempt was complicated by K.’s security detail. Ł. eventually tracked down K. and, after torturing a drug dealer for information, ambushed and killed him and the dealer’s pregnant girlfriend.
Ł. was sentenced to life in prison in 2008. The trial of those accused of the EB and Tartak killings continued.
Appeals, Retrials, and Shifting Testimony
In 2013, the General Prosecutor’s Office declared an end to the gangland feuds. However, the Warsaw Court of Appeal overturned the convictions, leading to a retrial.
After a four-year retrial, in 2019, the Warsaw-Praga District Court found only Daniel E. and Dariusz K. guilty of the murders, sentencing them to life imprisonment. Marek N. was acquitted due to lack of evidence.
The acquittal was appealed, and in 2020, the Warsaw Court of Appeal ordered a new trial for N. In March 2023, he was again sentenced to life in prison.
The Weight of a Witness’s Account
The court’s decision heavily relied on the testimony of Agnieszka P., emphasizing she had no motive to lie. Her experience in retail was cited as providing her with skills in assessing silhouettes.
However, P.’s testimony was scrutinized. She changed her account of the timing and location of her encounters with the perpetrators. Her recollection of the events was inconsistent.
Doubts and Contradictions
Questions arose regarding N.’s presence at Tartak and the plausibility of him risking exposure by appearing in a bar frequented by rival gangsters. Concerns were also raised about the reliability of witness testimony, as many witnesses were themselves criminals with conflicting interests.
The “lineup identification” procedure was also criticized. The men presented to Agnieszka P. differed significantly in appearance from N., raising concerns about potential suggestion.
The Final Verdict and Ongoing Questions
The Warsaw Court of Appeal overturned Marek N.’s conviction, citing the lack of conclusive evidence. The court noted the difficulty of identifying anyone in the dimly lit pub and the inconsistencies in witness testimony.
Marek N. remained at large for months before being arrested in November 2023 during a raid on an illegal cigarette factory. He continues to fight for his exoneration, supported by legal experts who point to flaws in the investigation and inconsistencies in the evidence.
