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Marvin N. in court (archive image)
Photo: Annette Riedl / dpa
More than five years after a fatal car race on Berlin's Kurfürstendamm, one of the two drivers was sentenced to 13 years in prison.
Unlike in two earlier judgments, the district court did not rule in Marvin N. as murder.
The now 29-year-old was found guilty of attempted murder and willfully endangering road traffic in the new trial.
In addition, his driver's license was withdrawn and a five-year ban for re-issuance was issued.
The second driver, Hamdi H., is now legally convicted of murder.
According to investigations, the two men drove their cars over Kurfürstendamm at up to 170 kilometers per hour in February 2016.
H. finally rammed the jeep of a bystander who had rolled into the intersection when the traffic light was green for him.
The driver died in his car.
The car was thrown 70 meters through the air.
H. and N. were hardly injured.
N.'s car was not directly involved in the fatal collision with the car of a 69-year-old, the court justified its judgment.
In the fatal collision of H.'s car with the victim's car, N. was not an accomplice because there was no joint crime plan.
Nevertheless, he was convicted of attempted murder, since it was merely a coincidence that it was not he but H. who crashed into the 69-year-old's car.
Both men would have known that the inconsiderate driving behavior could kill innocent road users.
N. accepted this with approval.
The judiciary has been dealing with the case for years.
For the first time in Germany in a speeding case, another criminal chamber of the Berlin Regional Court imposed life imprisonment for murder on both men in February 2017.
However, the Federal Court of Justice (BGH) conceded the judgment because the conditional killing intent was insufficiently justified.
The second process failed after a successful bias application against the responsible Berlin criminal chamber.
The new edition of this trial ended in March 2019 with new murder sentences against both defendants.
This time the verdict against H. had passed, but the BGH conceded the verdict against N. again in June 2020.
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bbr / dpa / AFP
