Alsfeld(jol). The maximum sentence was given on Tuesday for a 37-year-old from Alsfeld at the Gießen regional court trial for a bloody homicidal offense in the Beerenwiese allotment garden area. Life imprisonment for murder was the verdict of the committee chaired by Regine Enders-Kunze. In addition, the judgment determined the severity of the guilt, which precludes early release. In addition, the convicted person should bear the follow-up costs to the widow. The defense has appealed.
In their pleadings, the public prosecutor and accessory prosecutor had also demanded for life with a determination of the particular gravity of the guilt. The defense lawyer pleaded manslaughter with reduced guilt, which would mean six and a half years in prison.
Co-plaintiff sees criminal career
The act itself is undisputed, B. has admitted to having killed his parcel neighbor on April 4 of this year in an allotment garden area. He wanted to talk to him about an argument almost two years ago, but his neighbor, 47-year-old M., refused. He was so annoyed about this that he took the hammer for paving work and hit the family man with it. After the fact, B. let himself be arrested without resistance.
While what happened is undisputed, the judges’ assessments differed significantly. Prosecutor Thomas Hauburger found the incident to be murder, whereby the particular gravity of the guilt was to be determined. The fact that they acted so brutally for a trivial reason is a special feature of the act.
Attorney Ralf Kuhn as the widow’s co-prosecutor placed the defendant’s personality at the center of his remarks. While the M. family, who came from Poland, is a prime example of integration, he attested B. had a criminal career in Germany since arriving from Algeria about ten years ago. He recalled two previous convictions for assault and one for damage to property. “If it doesn’t go to his head, he strikes,” said Kuhn.
B. used the services of the health system by being treated three times in psychiatric clinics. But that did not reduce its danger. Kuhn accused the court of not wanting to determine the particular gravity of the guilt, he saw that in the eyes of the judges. But it is a nightmare for the M. family if B. should walk through the streets of Alsfeld again after 15 years.
Defense attorney doubts culpability
Defense attorney Ralf Becker focused on the terrible act of April, the cause of which can be found in the psyche of the defendant. Something was “boiled up in B. that he couldn’t control”. There are two people in him. Members of the allotment garden association described him as helpful, but there is also an uncontrollable side to him. The defendant had received psychiatric treatment for his personality disorder, but had left off the psychotropic drugs before the crime. He lost control of himself at the time of the crime. Becker called for a six and a half year prison sentence for manslaughter in a state of reduced guilt. B. had appeared to witnesses in the act as absent and could no longer control his behavior. Becker rejected the murder allegation because B. initially wanted to injure his victim. Only the later blows were fatal. Therefore, the homicidal trait of maliciousness falls away.
In his closing words, B. emphasized that he was sorry. He did not notice that he had attacked M. “It wasn’t me.”
In the grounds of the judgment, chairman Enders-Kunze rejected the accusations made by co-plaintiff Kuhn as unhelpful. It is about the allegation of murder in April, not about previous arguments between B. and M. or an assumed joint responsibility of the board. The act of violence in itself is enough to identify murder and the particular gravity of the guilt. The first blow with the 1.2 kilogram hammer was so powerful that vertebrae were broken, and there was an intention to kill. This resulted in a murder sentence because M. had worked his garden at the first blow and was defenseless.
Act after pause for thought
“In the act, B. was fully guilty,” explained Enders-Kunze. Dr. Ulferts is clearly there. In contrast to earlier outbreaks of violence, the act did not happen spontaneously in April, but only after a pause of about 15 minutes. The particular gravity of the guilt results from the fact that B. killed a person for a trivial reason. He went away briefly to return to the victim and hit the head a few more times with the hammer. B. made his victim “an object and slammed it beyond recognition”. After the fact, he made the victim contemptuous by smiling at the wife and son. And the act has “dire consequences for the wife”.
Those: Giessen General
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