Our Life With Tombol: 2009

After both Muaz Haffar and Mantas Matulis Failed to Respond to Repeated Notices Over Several Years, a Default Judgement was Awarded to the Malik Family on April 14, 2009 in the Civil Case SAMIL MALIK V. MUAZ HAFFAR and MANTAS MATULIS (No. 05 L 8278). Judge Donald J. O'Brien Jr. Ruled in the Amount of $4,000,000 Under the Wrongful Death and Survival Actions.

We, The Malik Family, Are Pleased with this Civil Judgement and Would Like to Thank Our Lawyer, Shawn Kasserman, and the Law Firm of Corboy & Demetrio, for Their Ongoing Commitment and Expertise Toward this Case. It is Both Commendable and Rare that a Case of this Nature--Involving No Lucrative Insurance Claim--is Retained by a Top Personal Injury Firm.

However, We Emphasize this is Not a Final Judgement But a Significant Step Toward Ultimately Bringing Muaz Haffar Back to the United States to Face Justice. Not Only Does the Relatively High Amount Awarded Represent the True Weight of the Evidence Against Haffar and Matulis, But Also, We Hope the Collection Efforts on this Judgement Will Make it Harder for Muaz to Receive Funds From Family and Friends While Hiding in Syria...

Muaz Haffar, Skipped Bail and Fled the Country in July, 2005. Today He Remains a Fugitive Despite Concerted Effort on the Part of the Malik Family to Have Him Brought to Justice. In January, 2006 We Discovered A Video of Muaz Haffar Dancing in Syria! You Can Access that Video at the Following Link: Muaz Haffar Dancing Video! Scroll Down to "Damascus Nightlife."

Mantas Matulis was Found Guilty of Second Degree Murder on Monday, April 16th, 2007. He was Sentenced to 18 Years in Prison on May 18th, 2007.

The following is the full text of the pre-sentencing statement given by Judge Stanley J. Sacks in People vs. Mantas Matulis, on May 18, 2007:

Thank you Mr. Gillespie. I would point out, first of all, I have read the pre-sentence investigation in great detail. There’s some other documents that were attached to it which I’ll just mention for the record what they were.

It looks like a Hinsdale Township High School grade report, or a report card I guess it is. A Hinsdale South High School Most Improved student Award dated June 6, 2002, for Mantas Matulis, and there’s a letter with that indicating based on why he was given that award.

Hinsdale South High School certificates indicating Mr. Matulis earned letters in varsity volleyball, football, and then there’s some documentation concerning, I believe, something to do with his citizenship. I guess I forget to add one thing in here, also he’s a very good soccer player as well, according to the pre-sentence investigation report.

The court has considered all of the factors in aggravation and mitigation, the statutes, and also considered the following relevant considerations as well: The nature of the crime. In this case it may have been Mantas Matulis who inflicted the mortal wounds on Tombol Malik, it may not have been. It doesn’t matter anyway. He and his able assistant, Muaz Haffar, were acting in concert, and Tombol Malik is dead as a result of that, of that acting in concert between Muaz Haffar and Mantas Matulis.

I have one point I want to get into before I get into my final comments. That the defendant’s family appears very nice, his mother and the other people that are here for Mantas Matulis, but they are not the ones sitting before me. It isn’t for me to decide what to do with them, they didn’t do anything wrong.

His mother seems like a very nice woman. It is not Mrs. Matulis that I have to deal with, it’s Mantas Matulis. And I believe Mrs. Matulis was generally sorry from her viewpoint to the family of Tombol Malik. But her viewpoints don’t change the fact of what happened back in July of 2005.

I mention one thing in addition to the factors set forth in the statute, the nature of the crime, the man, Tombol Malik was a young fellow who was literally beaten to death, not a whole long way from here, actually with a bicycle lock, and by being kicked as well. And I’ll get to that again in a little while.

The nature of the crime, the protection of the public, deterrence, punishment, defendant’s rehabilitative prospects, and youth. And the mere fact I would point out that the jury finds a mitigating factor does not obligate the court to impose a minimum-type sentence.

As far as Mr. Matulis’ rehabilitative potential, it’s clear to me at least that Mantas Matulis does not seem to be willing to accept any responsibility for the death of Tombol Malik. In spite of overwhelming evidence, Mantas Matulis kicked the man who was laying on the ground unconscious anywhere, depending on the witnesses, from one to several times depending on their vantage point when they came out. Matulis maintained at trial that only Muaz Haffar kicked the man.

Matulis asks me in essence to believe that the victim in this case was not Tombol Malik, but the victim in this case is Mantas Matulis. That Mantas Matulis was merely being or attempting to be a good Samaritan, that he tried to, according to his trial testimony, pull Muaz Haffar off of Tombol Malik, and that’s how he supposedly got the blood on his shoe and on his leg, Tombol Malik’s blood.

It’s insulting that he would suggest he was a good Samaritan. It’s insulting to suggest that he’s a victim in this case. I always talk about cases where we have circumstantial evidence. In my opinion, that’s the best evidence you could possibly have. While witnesses may be mistaken, witnesses maybe lying about something, circumstantial evidence is inanimate. It has no basis to lie or be mistaken.

All of the witnesses who identified the people involved in this incident, to me it seems much more credible that while none can say, identify Mantas Matulis, they all agree basically that there were four people down in the cul-de-sac. We know one of them, unfortunately, was Tombol Malik. We know one of them was Anthony Popelka. We know one of them was Mantas Matulis. We know one of them was Muaz Haffar.

And the witnesses described them basically the same way, three taller guys and one short stocky guy. And we know from the evidence circumstantially that the short stocky guy was Muaz Haffar, that the other three taller guys were Popelka, Malik, and Mantas Matulis.

And the witnesses we already know circumstantially and otherwise that Popelka remained at the scene. He was one of the taller guys. That Malik, unfortunately, remained at the scene, he was one of the other taller guys, and that the third taller guy, according to the witnesses and the evidence circumstantially and directly, was Mantas Matulis.

And the witnesses described the taller guy who we know from the evidence is Mantas Matulis, as going over to the man on the ground, who we also know is Tombol Malik, and kicking the man anywhere from one to several times while he lay there on the ground unconscious, defenseless, with his arms pretty much down at his side.

And talk about rehabilitative potential. Matulis maintains, as I said before, he was merely a good Samaritan. He tries to explain away overwhelming evidence that he kicked the man by saying it was Haffar who kicked him, the short stocky guy. And all the witnesses, while not saying by face it was Mantas Matulis, circumstantially it’s clear that it was the tall guy in this case that it could circumstantially be is Mantas Matulis.

He makes a feeble, incredible attempt to say he didn’t kick the man when the man’s blood is on Mantas Matulis. He tries to convince us that he’s a good Samaritan, he tried to help the guy out, to get Muaz off him. And yet he leaves the man laying there in the cul-de-sac dying, and runs off with Muaz Haffar.

As I said before, some people accept responsibility, some only take responsibility when it’s thrust upon them. Often times I’ll read cases and I’ll pick out words here and there that I think might be appropriate in a given situation, I try to remember them or write them down or make a note of them, whatever.

And I think the appropriate wording that would apply to Mantas Matulis on July 9, 2005, is that Mantas Matulis showed a callous indifference to life. Participating in kicking the man when he was down and unconscious, and then running off and leaving the man there to die.

It’s true that Mantas Matulis comes from a nice family, apparently a good relationship with his mother, with his stepfather, even with his father who lives in Lithuania by writing to him, communicating with him, went to Bradley University, and apparently from his own statement in court today, much of which is about Mantas Matulis, how well he’s done, he’s gone to school.

And that’s sort of, I would say, a half-hearted apology to the family of Tombol Malik, sorry what happened. Not exactly as glowing apology about what he did, just sorry it happened, more or less.

I received a letter from what’s referred to as the Kolbe House, K-o-l-b-e, it’s the Catholic jail-prison ministry. And apparently various clergymen go around and talk to inmates in the jail. The letter is dated May 16, two days ago. Paragraph 2 I underscored in yellow to me it seems so contrary to what I’ve seen about Mantas Matulis.

It’s hard to reconcile the Mantas Matulis I see with the orange jumpsuit and the Mantas Matulis that the clergy apparently saw in the jail: "I have come to know Mantas Matulis as a man who sincerely regrets any participation in the acts that led to the death of another person. His remorse I believe is sincere. He accepts responsibility for his actions."

I don’t see that at all of Mantas Matulis, accepting responsibility. He left a young man dying on a cobblestone cul-de-sac. That’s hardly accepting responsibility.

The priest or reverend, I guess it is, goes on: "His time in protective custody, though not easy, has also been well-used in reflecting about his life, the consequence of his actions had on his own family and that of his victim. Though, in quotes, jail conversion unquote, are often the case, I believe in the truthfulness of Mantas’ words when he says to me that he has changed."

Changed from what? He maintains he didn’t do anything. What’s there to change about under those circumstances? It’s just another effort on Mantas Matulis’ part to avoid responsibility for his complicity in the murder of Tombol Malik.

Going on further, the reverend: "His actions while in jail have been to help others, to find peace in his heart." And the next four words to me are outrageous: "And to respect life."

A man that is willing, able and does in fact kick a man who is on the ground unconscious, talk about with a straight face respecting life, when his conduct on that evening, as I said before, shows a callous indifference to human life, not a respect for it.

Mr. Matulis has been basically ever since that night, or on that night, running to avoid responsibility. After he and his able assistant left Tombol Malik laying on the cobblestone cul-de-sac, he runs off. When the police see him not too far way, he again runs off. Again both times leaving the man, a young man, literally dying in the cul-de-sac.

And he can expect me to believe for a second that he has learned to respect life? He has no respect for life whatsoever. And his apologies today were more or less to his family and his friends: I’m sorry, mom; I’m sorry for the people who are out there for me.

As I said before, the comments directed to Tombol Malik’s family are almost an insult. They are not in my opinion a genuine expression of sorrow, they merely express sorrow for Mantas Matulis, that he’s here in this situation, not that he’s sorry for what happened to Tombol Malik.

One thing that was mentioned during closing arguments, of course I told the jurors to disregard it, but what was said during closing arguments by Mr. Matulis’ lawyer, who is a very excellent lawyer in my opinion, a very fine lawyer, somewhere along the line he said send Mantas home to his mother. If it would bring back Tombol Malik, I might consider sending him home to his mother, but that is a factual [im] possibility.

As Mr. Gillespie correctly said, no matter what I do here this morning, it will never bring back Tombol Malik, unfortunately. Matulis’ mother can visit him in the penitentiary. She can talk to him, she can look at him. Maybe where he’s at she may even be able to reach across the window and touch him. Those are not luxuries that the family of Tombol Malik has. The only place they can see Tombol Malik is in photographs, a picture perhaps on a tombstone somewhere.

At some point or another Mantas Matulis will be getting out. He will live again, whether it’s here or in Lithuania, wherever it happens to be. That’s not a luxury the family of Tombol Malik has.

Up until this case I’ve never heard a case of a beating homicide. But this one I can imagine takes the cake. This man was beaten so severely that a photograph taken from shortly afterward is unrecognizable that it’s Tombol Malik. You can see a face, but you can’t recognize who it is because of the conduct of Mantas Matulis and his able sidekick, Muaz Haffar.

The Court is well-aware of what the statutory range is for the crime of murder in the second degree, the offense that the jury found Mr. Matulis guilty of. This is not a situation where Mr. Matulis was merely standing by and watching, doing nothing. He was an active participant, and at every step of the way he’s tried to avoid that responsibility. I think at some point it has to end.

Mr. Matulis, on the charge of murder in the second degree for the murder of Tombol Malik, the sentence of this Court will be 18 years in the Department of Corrections.

Judge Stanley J. Sacks

The Following is the Full Text of the "Victim Impact Statement" Read to the Court, Prior to Sentencing, by Shiera Malik on Behalf of the Malik Family:

"It's like phantom limb syndrome. Losing our youngest in such a vicious and brutal manner has left a deep and painful chasm in our hearts. We were 4; Sati, Samil, Tombol and myself were 4. In a moment, we became 3. We imagine an amputation.

Early on a Saturday morning, our mother received a call from a Chicago news reporter saying that a Tombol Malik had died in the night and did she know this person. She called Sati upset about a prank call. Sati went straight over to her. The morgue confirmed that a Tombol Malik was there. When Mom and boys arrived at the morgue to identify the body, Tombol’s slender feet and arms were perfectly recognizable; his curly hair was still perfectly scuplted from the gel that he liked to use when he went out. His face was shattered and smashed flat – so much so, Mom said that he was not her son. She refused to identify him.

When I returned home from a night out with some friends, I found a frightening message from Sati.

Tombol is dead. Mom refuses to believe it. I was on the next flight out of Dublin.

It took two weeks for our father to get a visa. Meanwhile, he was forced to wait in Cairo and Tombol waited in the morgue. Since our mother refused to claim Tombol's body, we had to wait to send him to a funeral home.

The loss of our brother has been brutal in every way. The process of justice is brutal, watching our parents is brutal. Looking at one another, aware of what each of us has lost is brutal. Also brutal is the complete confusion, lack of comprehension, the frustration, and the anger. What happened is inexplicable. No one expects this, but some may be less surprised. We are stunned. Our Tombol was never in a fight, not once. He was not an aggressive soul; he was not a person needing constant consolation for insecurities. The picture we received of his final moments of a college boy riding his bike around a car while his friend talked to some girls was instantly recognizable to all of us who knew him. He did not need to fight for attention. He was happy to do his own thing. He was an artist; he spent hours drawing. This was a past time that followed him from boyhood when instead of sitting in front of the television he would go off and draw. But he was not a recluse. He loved music, sports; he was a wonderful dancer and athlete. He was also socially aware and active. In 2003/4, he volunteered as a court advocate for children here in Chicago; when in Brazil he gave his money in charity to poor kids in Rio; and he created photo-documentation of the Stockyards. He was a critical thinker beyond his years. The four of us are passionate about politics and our social world; from a young age Tombol had an agility of mind and a level of self awareness that was out of step with others in his age bracket. We like to think that a wonderful brother so adored by us felt able to simply be his wonderful self. Perhaps he would have been like this anyway. It's hard to tell. This personality of his was visible even in his infancy. Regardless, he is now dead.

He has been robbed of his future. He had many plans, one of which would have already occurred. Last year, he was to study in Germany and photograph the World Cup.

And we have been robbed of our future with him. We will never know how his body would have filled out with age, how he would have continued to grow and learn – this brother we watched in adoration from his first day of life. His 25th birthday just passed. This end for a young man who loathed naked aggression! This picture of him as an aggressor would be laughable if it weren't, again, so brutal.

Thus, in an instant our lives changed through no act of our own. We watched this process and this vicious murderer who sits through this trial showing no remorse, who steals our brother's last words as his own. It is brutal. To date, his partner has been able to avoid justice. This is the partner who bragged about his physical domination of Tombol. This is the partner who corroborated Anthony’s story that this killer was bleeding, that Anthony asked if he was ok. In response, they set upon Tombol and Anthony. The brutality is unfathomable.

Each of us has suffered through nightmares, feelings of depression, inability to sleep or concentrate. It is, fundamentally, shock from a world turned upside down; a world we cannot right. A world, in which, we have been forced to make different decisions about our own lives. We understand our own suffering, but, as I said, watching our parents has been brutal. Our mother, in particular, still refuses to acknowledge the murder of Tombol. In the weeks after Tombol was murdered she left messages on his machine imploring him to call us. Even today, while his killer sits here our mother has still not acknowledged Tombol’s death. We worry that she is holding out hope that some day her son may come back to her. So, in addition to managing our own feelings of trauma, we are painfully aware of our responsibilities to our family and to our incredible brother. Finally, we want to say to the court that we have sat through the impersonal, yet strangely intimate trial process, we now want it on the record that our boy was a truly remarkable and kind soul.

He did not deserve this. We do not deserve this. We thank you for the opportunity to speak."