Tyrolean Woman Lay in Her Excrement on the Floor for a Week and Died: Verdict for Daughter & Grandchild

The verdicts were initially not legally binding. Originally, the mother and son had been charged with neglect or mistreatment. Ultimately, however, it resulted in a charge of grossly negligent homicide, a different criminal offense. The 59-year-old was also sentenced to an unconditional fine of 960 euros, and the son to 1,200 euros. "With this criminal offense and this verdict, the issue of mistreatment is dismissed," explained Judge Paul Menardi logically. This could not be "established with near certainty," he justified the decision.

Tyrolean Woman Died of Dehydration: Daughter and Grandson Pleaded "Not Guilty"

However, it was clear that the two "massively neglected their duty of care," said Menardi. This applied to both the first-accused daughter and the second-accused grandson of the deceased woman: "Both have equal responsibility here and should have recognized the condition." Menardi considered the lack of a criminal record of the two accused as mitigating in his verdict, but a confession of responsibility could not be considered mitigating: "There is no question of that."

Mother and son had previously pleaded "not guilty" at the start of the trial. She had told him, "she doesn't want to get up anymore," the grandson explained during his interrogation at the beginning of the trial before the judge and jurors. She also did not complain of acute pain after the fall, he further reported. His impression was also that she "no longer had the will to live," the 31-year-old defended himself. Before that, he briefly described the situation. "I heard a thud from the kitchen and then went there," the grandson recounted. There, his grandmother was lying on the kitchen floor. "We then tried to put her on the couch, but we couldn't manage it." Eventually, his mother brought a mattress, on which the 84-year-old lay for a long time.

The first-accused mother also pleaded "not guilty" in her subsequent interrogation. "She even said that she wanted to go out again soon," she explained. She also did not have the impression that the "will to live" of the 84-year-old was diminished. "I asked my mother after the fall if she was in pain, but she said no," reported the first-accused. The offered help "through the rescue" was also rejected by her. When she lay on the mattress, the mother stated that she "just wanted to sleep" and should be "left alone." "I always gave her something to drink and took care of her, and washed her," the 59-year-old insisted. Of course, her mother "ate and drank less than before," the accused admitted.

"Feces on Body and Hands": Hygienic Condition of the Woman Was "Extreme"

That it was not just "less," but massively less, was explained by forensic pathologist Elke Doberentz in her report. "The kidneys stopped working," she explained regarding the cause of death. This suggests that there must have been a "longer process of fluid deficiency over several days." From her perspective, this was certainly also a "tormenting process and condition," although the "subjective and individual perception" cannot, of course, be determined. "From a medical perspective, however, it was a state of suffering," the expert noted.

The prosecutor initially described the situation that ultimately led to the death of the 84-year-old from her perspective in her opening statement. "The woman was first lying on a mattress, then later only on the kitchen floor," she explained. The 84-year-old woman eventually had to relieve herself on the floor: "The hygienic condition was extreme." The woman had "fecal contamination on her body and hands," the public prosecutor outlined the circumstances. It was also evident that the fluid intake provided by her daughter and the first defendant was insufficient: "The woman ultimately died of dehydration."

Following the public prosecutor, the defense attorney spoke for the defendants and pleaded "not guilty" for both in advance of their statements. "They took care of the mother as best as possible," the lawyer explained. Furthermore, they placed importance on "fulfilling her wishes as best as possible." It was also the case that the 84-year-old woman had previously "taken care of herself."

Charge of Torture and Neglect of a Helpless or Defenseless Person

Following the incident, the prosecution charged the defendants with the torture or neglect of a helpless or defenseless person. Since the alleged act resulted in the victim's death, the two defendants faced between one and ten years in prison if convicted.

(APA/Red.)

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