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The accused with his public defender and the lawyer Siegmund Benecken in the district court of Münster
Photo: Carsten Linnhoff / dpa
Almost half a year after the deadly beating attack on the sidelines of an event for Christopher Street Day (CSD) in Münster, the trial against the 20-year-old accused began in front of the regional court.
Among other things, the suspect has to answer for bodily harm resulting in death.
The victim, a 25-year-old trans man, died after the assault.
The accused is said to have homophobically insulted and threatened participants at the event at the end of August.
»He asked several participants if he could touch them intimately and put their hands under their skirts.
Then he insulted the women as lesbian whores and shitty trannies, threatened to want to kill their families,” said the public prosecutor, according to the “Bild” newspaper about the accused.
The trans man is said to have placed himself protectively in front of the attacked.
The 20-year-old then became even more aggressive.
He is said to have hit the man twice in the face with his fist.
The 25-year-old fell on the back of his head and suffered a traumatic brain injury.
He underwent emergency surgery that night and was placed in an artificial coma.
Nevertheless, he died a few days later as a result of his severe injuries.
"I accepted serious injuries"
According to the indictment, the alleged perpetrator is said to have accepted these serious injuries.
However, the public prosecutor saw no evidence of an intention to kill.
Shortly after the trial began, the defendant's lawyer, Siegmund Benecken, applied for the public to be excluded because his client would get involved and possibly also comment on his sexual orientation.
Spectators and media had to leave the courtroom.
A spokesman for the district court did not provide any information on the question of sexual orientation to protect the adolescent accused.
In any case, the 20-year-old admitted all allegations from the indictment.
He couldn't remember any insults.
If the witnesses had said so, it would probably be true, the accused said according to the spokesman.
He no longer knows why he insulted the CSD revelers.
Before attacking Malte C. with punches, the 25-year-old approached him shirtless.
The defendant, an experienced boxer, thought there was going to be a fight.
The suspect had been psychiatrically examined in November.
The psychiatrist explained that the act was "not even remotely an expression of a hostile attitude towards homosexuals".
The accused is neither homophobic nor anti-queer.
The prosecution attributes the act to a personality disorder in which the rights of others are generally disregarded and violated.
The man was also aggressive and violent because of alcohol.
But: According to the expert, his controllability was not significantly impaired.
Based on the testimonies of witnesses and experts, the court will decide whether the 20-year-old will be sentenced as an adolescent under juvenile or adult criminal law.
The question is whether the defendant has a developmental delay.
If convicted of assault resulting in death, the accused faces at least three years in prison.
In juvenile criminal law, there is also an upper limit of ten years for crimes such as manslaughter or murder.
The regional court has set nine further hearing dates until April 17th.
ala/dpa