Date: 04-23-2024

Case Style:

United States of America v. Davit Davitashvili

Case Number: 2:21-CR-255

Judge: Mark A. Kearney

Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)

Plaintiff's Attorney: United States District Attorney’s Office in Philadelphia

Defendant's Attorney:

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Description:

Philadelphia, Pennsylvania transmitting in interstate and foreign commerce a threat to injury criminal defense lawyer represented the Defendant.

This case arises from a Philadelphia love story that ended badly. Appellant Davitashvili is a native of Georgia, a country on the Black Sea. He immigrated to the United States in 2004 and became naturalized in 2012. Davitashvili is a mixed martial artist who once fought professionally.

In 2011, Davitashvili met Olga Volosevich, a Ukrainian national living in Philadelphia. Volosevich had come to the United States in 2009 and would become a citizen in 2022. She began dating Davitashvili soon after meeting him, and they spoke to each other in Russian throughout their relationship. They married in August 2016. Shortly after, the couple visited their native countries in Eastern Europe, where all of Davitashvili's relatives and most of Volosevich's relatives still lived.

When the couple returned to Philadelphia, their relationship deteriorated. As Volosevich later testified, Davitashvili "started abusing [her] physically, emotionally, and verbally, and [her] life became intolerable." App. 334-35. Davitashvili "used to call [her] all kinds of nasty names," such as "a whore," "an imbecile," and "a bitch." App. 390. He likewise accused Volosevich of "plotting against him with all [his] enemies" to "poison[ ] him" or get him "incarcerated for being a pedophile." Id. As to physical abuse, Volosevich explained that Davitashvili would "hit [her] on the head with an open hand," which "for him . . . was like punching with a fist." App. 389.

Volosevich suggested divorce in early 2019 and left Davitashvili in October of that year. The month after Volosevich left him, Davitashvili departed the United States for his native Georgia. Only then did Volosevich return to the home that she and Davitashvili had previously shared. She found the interior trashed and many of her valuables missing—including Christian icons that were gifts from her mother.

B

Soon after Davitashvili left the United States, he and Volosevich began messaging each other using Viber, a texting app popular in Eastern Europe. These text messages were in the Russian language, but translators prepared an English version for trial, and the parties stipulated to its accuracy. Davitashvili's messages in early 2020 accused Volosevich of "defend[ing] people who treated [him] despicably, who are rats and fake, all of this is called betrayal and, respectively, cheaters." App. 400. He likewise texted Volosevich: "When I return, I will get the FBI on your backs . . . . Don't think that this whore, your lawyer, will be able to help you and ending with Georgie's weapon." App. 406. And in April 2020, he messaged her: "Whatever it was that you mixed in for me, you made it with him . . . . I let the person that I hated close to you because of you. Where's the justice? F*** you both." App. 417.

[97 F.4th 107]

Those messages culminated in a May 10, 2020 conversation for which Davitashvili was indicted. At 2:14 p.m. Eastern Time, Davitashvili texted Volosevich:

I don't f***ing care about anything. You are wrong about me. When will I start? That's when it will all be over. Whore, I don't f***ing care even if the FBI is behind you. Will f*** you up. I have nothing to lose. They will see that soon. Whore, for those will approach, the only thing that will stop me is death. Don't f***ing care about the before. Go ahead, whore, come clean while you are the first slut. I have nothing to lose. F*** all systems. Let me be the victim.

App. 428.

Davitashvili followed up just seven minutes later: "You have two paths forward, either come clean, or the second one is wheelchair. Make a choice, whore, together with your co-workers that will soon be sucking my d***. Ha-Ha-Ha." Id. This prompted Volosevich to respond: "Are you continuing to threaten me? I am going to be in a wheelchair? I am going to write a [police] report right now." App. 429. Davitashvili immediately replied: "No one knows what the future holds, whore. Maybe even worse. Believe me, you will be f***ed soon." Id. He then wrote: "Go ahead and file for a divorce. I will figure out the rest when I return." App. 430.

At 3:02 p.m., Davitashvili added: "And after everything, you are threatening me, whore. I am not going to leave your DNA if I wish so, slut. I will start with Ukraine, whore." Id. Volosevich responded: "I am not threatening." Id. Davitashvili wrote back at 3:52 p.m.:

Me neither. We will see what the future holds. I cannot control myself anymore. You will see and hear when I return what will happen to such a KGB like yourself, whore. If I don't have enough time to everyone, then I will send many who is needed to be sent, like c*** Pele and others, in the name of the USA, whore. I have one life that needs to end fairly when all of this won't f***ing matter. I want for everyone to know. I will not just depart this life. I will take someone with me. At least five, I swear. I don't know how to gather you all together, but at a minimum I will take 15 of you and will depart this life peacefully. I don't know how to gather you all together, d***s. Thinking that after my life there won't be another life in the USA as despicable as what you have caused for me, whore.

App. 430-31. Half an hour later, Volosevich replied: "I have a seven-year-old brother. He did nothing bad to you. He is my DNA. You want to kill him too?" App. 431. It took Davitashvili almost eleven hours to respond: "May God give him health. He will never grow up to be like you bitches. And just leave my life altogether, please. Go file for a divorce, please, and free me and everything will work itself out, whore." Id.

Volosevich did not immediately report the threats because Davitashvili was still abroad, and Volosevich believed he would stay there. But a year later, Davitashvili's sister told Volosevich that Davitashvili was returning to the United States. Volosevich then filed a complaint with the FBI about the threatening messages, which led the FBI to open an investigation. Davitashvili landed in New York in June 2021 and was arrested upon his arrival.

C

Davitashvili was charged with violating 18 U.S.C. § 875(c), the federal threats statute, by sending Volosevich messages that "contained threats to injure, maim, and kill [her], and to kill others." App. 23. The indictment pinpointed the Viber messages

[97 F.4th 108]

from May 10, 2020. At trial, the Government argued that Davitashvili "was threatening to kill, not only Ms. Volosevich, his wife at the time, they are now divorced, but also five, ten, 15 other people." App. 220. With no objection from Davitashvili, the District Court gave the following jury charge:

As you see from this verdict form, you must consider whether the United States has proved beyond a reasonable doubt that Davit Davitashvili transmitted a communication containing a threat in interstate or foreign commerce. It reads, continues: On May 10, 2020, containing threats to injure, maim, and kill Olga Volosevich and to kill others. That's the question. No others . . . .

I'm now going to tell you what those words mean as a matter of law. Mr. Davitashvili is charged with one count of transmitting a communication containing a threat in interstate or foreign commerce. To find Mr. Davitashvili guilty of this offense, you must find the United States proved each of the following four things beyond a reasonable doubt: First, Mr. Davitashvili knowingly transmitted a communication; second, the communication he sent, if you find he did, contained a threat to kidnap or injure a person or a group of people; third, Mr. Davitashvili transmitted the threat for the purpose of making a threat or knowing the communication would be viewed as a threat; and fourth, that Mr. Davitashvili transmitted the communication in interstate or foreign commerce.

Outcome: The jury returned a guilty verdict.

Notice of Appeal - Final Judgment THAT THE JUDGMENT OF THE DISTRICT COURT ENTERED 1/3/2023 BE AND THE SAME IS HEREBY AFFIRMED. (Attachments: # 1 USCA OPINION)(tomg) (Entered: 04/23/2024)

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