20 Years Imprisonment After Fatal Knife Attack in Tyrol

The jury found it proven that the local resident had intentionally killed a 54-year-old acquaintance with a stab to the neck in his apartment in Fieberbrunn, Tyrol (Kitzbühel district) at the end of October 2023.

Self-defense denied

Neither the prosecution nor the defense initially made a statement. The jury's verdict was unanimously eight to zero for murder. The additional question regarding self-defense was also answered unanimously and denied. The presiding judge Andrea Wegscheider finally justified the verdict and the sentence. "It was considered mitigating that you have no prior convictions and were under the influence of cocaine at the time of the crime, thus impairing your accountability," said Wegscheider towards the defendant. On the other hand, it must be considered aggravating that both a weapon and strangulation were involved, and that the stab was delivered with "full force."

The defendant, a local entrepreneur, had pleaded "not guilty" on the first day of the trial on April 1, and his defense lawyer Franz Essl spoke of a "massive fight" between the men and thus "self-defense" of his client.

His evidence requests - which mostly targeted the forensic report and its completeness - were all rejected on Monday. Such requests from the defense had led to the adjournment of the trial on the first day. On Monday, the lawyer finally made further evidence requests. Prosecutor Hannes Wandl, however, advocated for their rejection. "This is purely an assessment of the evidence from the defense's perspective," said Wandl. Such statements and assessments should have been made "before the main hearing." In his requests, the defense lawyer had identified, for example, an inadequacy in the report. For instance, it was not sufficiently clarified whether the victim was unconscious at the time of the stab. "My client did not use massive force, but simply defended himself," argued Essl once again. The latter was also evidenced by the nature of the stab wound, which showed that the stab occurred "in motion" of the victim, which in turn indicated a confrontation.

At the beginning of the trial in April, the prosecutor had excluded exactly this scenario. After joint, massive drug use, it likely led to a confrontation in the defendant's apartment, initially to the strangulation of the 54-year-old victim to unconsciousness and finally to a "fatal stab to the right side of the neck." The defense lawyer, however, described the circumstances completely differently: "My client fended off an attack from his alleged victim and was in mortal fear." He had, for example, "vehemently defended" himself with an e-cigarette, which was also physically visible on the corpse. The lawyer described the deceased as a "pimp and drug dealer" who had conspired with the defendant's partner during a relationship dispute.

Defendant criticized

On Monday, the trial quickly moved to the closing arguments, with little evidence procedure conducted. The arguments mainly focused on the act itself and debated the complex issue of self-defense versus intentional killing. Unsurprisingly, prosecutor Wandl argued for the latter: "He undoubtedly murdered him." The forensic report had shown that the victim did not really defend himself: "It was more of a static event and thus not self-defense." Conversely, the man's defense attorney argued again: "My client was somewhat strangled awake, couldn't breathe anymore, and finally defended himself justifiably." There are certainly "legitimate doubts" about the charge and thus the intent to kill, which is why there must be an acquittal on the murder charge.

In his closing statement, the defendant himself once again asserted his innocence. "I did not intentionally kill him, I had no motive or reason," he explained. His own injuries, which he sustained in the altercation with his alleged victim, were also "documented too late" or not at all, he criticized, especially the forensic report: "The way this is being handled is grossly negligent."

In his questioning at the beginning of April, the 46-year-old reported a violent argument that revolved, among other things, around relationship issues and took place under the influence of cocaine and medication. It was a matter of life and death. This was preceded by a two-day joint "enjoyment of intoxicants" at his home in the Zillertal, during which they also behaved "late-pubertal and had fun." During the scuffle, he then "stabbed somewhere with full force": "It was a purely intuitive and instinctive action."

Experts on the First Day

The experts appointed by the court had already spoken on the first day of the trial: Forensic pathologist Elke Doberent reported "very strong violence." The 54-year-old died from a deep stab wound and subsequent bleeding. It was also undisputed that the defendant had strangled his victim. Forensic psychiatrist Adelheid Kastner confirmed the defendant's "sanity." There is "absolutely no indication of a profound consciousness disorder or a mental illness." Furthermore, the man acted "lightning-fast and targeted and was oriented," which practically excludes insanity and also a limitation of sanity.

The 54-year-old was found in the defendant's apartment with stab wounds to the neck. The act is said to have occurred during an argument with a kitchen knife, and the two men knew each other. According to the police, the 46-year-old was under the influence of intoxicants. Allegedly, the later victim wanted to "mediate" between the accused and his partner in a relationship crisis so that an "out-of-court settlement" could be reached in the relationship dispute.

(APA/Red)

This article has been automatically translated, read the original article here.