Posted: March 19, 2010 - 11:11 AM
Pike D.A. declines charges in Lackawaxen homicide

LACKAWAXEN — Pike County District Attorney Ray Tonkin announced March 12 he has declined to file charges in the death of Vagif Alijev, who was found dead July 19, 2009, at Camp King Soldiers on Masthope Plank Road, Lackawaxen.

Alijev, an illegal immigrant who was only identified recently, was found with fake identification. An autopsy determined he died of a single stab wound in his left side.

According to a proposed criminal complaint and affidavit submitted to the District Attorney's Office, Pennsylvania State Police determined that Alijev, a worker at the camp, engaged in a fight with another camp worker, Isroil Madiyev. The proposed criminal complaint identified Madiyev as the only suspect in the death of Alijev, Tonkin said.

In declining to prosecute Madiyev in the death, Tonkin cited numerous factors. First, the primary witness in the case, who is also thought to be illegally in the country, was admittedly intoxicated at the time of the incident and had given inconsistent versions of events.

Tonkin indicated the lack of credibility of the main potential witness would present significant problems in overcoming potential defenses at trial, which could include some indication the deceased may have been the initial aggressor in the altercation. Given these obstacles, Tonkin concluded, there was not even a remote chance the case would end up in a conviction.

Madiyev is being held at the Pike County Jail on a detainer from the Immigration and Customs Enforcement Bureau pending deportation as an illegal immigrant.


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