2023-08-30 11:22:29
A 21-year-old with multiple convictions who knocked out a 63-year-old passenger in a subway train on January 4, 2023 for no good reason and repeatedly jumped on the head and chest of the man lying unconscious on the ground He was sentenced to 15 years in prison for attempted murder at the Vienna Regional Court on Wednesday. In addition, the boy was admitted to a forensic therapy center. The judgment is not final.
The defendant was “simply concerned with destroying the other person, acting out the aggression,” explained the psychiatric expert Peter Hofmann on the second day of the hearing when discussing his report. The defendant, on the other hand, reiterated in his closing remarks: “I know one hundred percent that I didn’t want to kill anyone.” The majority of the jury saw it differently, the guilty verdict fell in the main point of the indictment with 5:3 votes in the sense of the indictment. For three other violent attacks included in the indictment – all offenses occurred between December 29, 2022 and January 10, 2023 and thus within 13 days – unanimous guilty verdicts were issued for serious bodily harm. The placement in a forensic therapeutic center was “completely without alternative,” said the presiding judge in the verdict, referring to the psychiatric report. After consultation with defender Johannes Maximilian Fouchs, the 21-year-old asked for time to think regarding it, public prosecutor Tatjana Spitzer-Edl gave no explanation.
On January 4th, the 21-year-old had hit the 63-year-old man unconscious in the U3 – a tobacconist who was on his way home from work – in the U3 with punches in the face following he had asked him not so wide to sit down in order to be able to take a seat next to him. He then stamped with full force on the head and upper body of the man lying helplessly on his back, which coroner Wolfgang Denk described as “multiple, very violent blunt force impacts”. This had “definitely life-threatening consequences of injury” expected. The victim suffered a concussion with a long-lasting memory lapse, a fracture of the sternum, fractures of the right collarbone and the first right rib, a fracture of the nasal bone with indentation of the left part of the nasal bone pyramid as well as bruises and bloodshot infections in the entire head and face area.
The public prosecutor assumed – at least conditional – intent to kill. The accused jumped on the man “like you want to burst a balloon,” said the prosecutor. In doing so, he accepted the death of the victim.
The excess of violence directed once morest the 63-year-old only stopped when another passenger intervened and pushed the perpetrator aside. The psychiatric report obtained during the investigation certifies that the young man has a combined personality disorder that is “sustainable and persistent”, as the expert now explained to the jury. The 21-year-old is of sound mind, but due to his personality traits he is so dangerous that without the accompanying therapeutic measures following his release “capital crimes are to be expected”, as the forensic psychiatrist explained. The defendant acted according to the motto “Anyone who looks askance will get punched in the face”. Regarding the act of violence in the subway, Hofmann said the 21-year-old wanted to “silence” the tobacconist and “completely disable him”.
The danger posed by the man, who comes from a difficult family background – he grew up in out-of-home care, has not completed any training and was most recently without a permanent home – also manifested itself in the fact that three other acts of violence are also included in the indictment. On December 29th and 31st, for no apparent reason, he had punched two men and broken their noses. One had not given him a cigarette, the other had simply stood at a bus stop. On January 10, he showed up at his ex-girlfriend’s place of work and demanded an interview. When the woman’s boss sent him away because they didn’t want to see the 21-year-old, he was punched in the face.
Incidentally, the 21-year-old converted to Islam while in custody. He is said to have made disparaging remarks regarding “infidels” in prison.
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