 Nevertheless, Russian police decided to confiscate all the property of Nezabitauskis in May 1832 and, fearing an imminent arrest, he fled to Schmalleningken (Smalininkai), then in East Prussia.He wrote letters to , governor of Vilnius, Bishop , and even Frederick William III of Prussia asking for support and clemency.However, a Russian military court sentenced him to death on 28 April 1834 – mostly because he fled.