Three and a Half Years in Prison for Vienna "Santa Claus"
The charge of attempted murder was dismissed by the jury, who found the previously unblemished man guilty of intentional serious bodily harm. The verdict is not legally binding.
The prosecution had accused the man of stabbing a 55-year-old with intent to kill during a physical altercation in Sigmund-Freud-Park in Vienna-Alsergrund on July 29, 2024. The defendant denies this. In the first trial, the man had already denied the intent to kill. The jury followed his defense in February, dismissed the charge, and decided on serious bodily harm. However, the three professional judges suspended the verdict due to the alleged error of the jury, which is why the trial had to be repeated before a newly composed jury court.
The defendant had met with an acquaintance in the park, where the two spent the evening in a wine-induced mood. The later victim is said to have then attacked the 60-year-old's acquaintance. "He attacked my friend. It was threatening. With feigned punches," the defendant described. He then came to his friend's aid, "by knocking the other down three times in the hope that he would stay down. But he was up again so quickly, it was a snap." "Like a jack-in-the-box," interjected defense attorney Anita Schattner. Her client's opponent was "aggressive and unpredictable." "He wanted to stop an attack. He definitely did not want to kill or seriously injure," Schattner attested to the "Santa Claus."
Defendant in Vienna: "Fear came up"
He had run out of strength, while the younger opponent did not relent, the defendant further reported: "Fear came up." That's why he pulled out a knife ("The handle was probably cherry wood, high-quality execution") and "deliberately stabbed shallowly." It was about "one stab, not so deep, then he takes me seriously": "It was certainly exaggerated. But in principle, it was self-defense."
With the prosecutor, he hit a brick wall with this responsibility. "There were five targeted powerful knife stabs in the chest and abdomen. One stab penetrated the fatty tissue of the heart, another severed a rib," noted the prosecutor. The 55-year-old was critically injured. The knife blade had opened not only the chest but also the abdominal cavity and penetrated the abdominal muscles. A quickly functioning rescue chain and an emergency operation saved the man's life.
Witness not allowed into court due to intoxication
The 55-year-old had no memory of the physical altercation that preceded the stabbings in court. According to his own statements, he had drunk five to seven cans of beer and a small bottle of vodka in the park. He had reprimanded the defendant's companion because he had harassed a woman. Then it escalated.
The testimony of the defendant's friend, whose behavior likely triggered the violent acts in question, had to be omitted. The man was not allowed into the courthouse by security personnel due to severe intoxication. With the consent of the prosecutor and the defense attorney, his previous statements in the case were read aloud.
The "Santa Claus" agreed with the sentence imposed on him. He thanked the court for the "fair judgment." The prosecutor initially made no statement.
(APA/Red)
This article has been automatically translated, read the original article here.