Parkhaus-Schreck has to be behind bars for over a year

According to the judgment of the first criminal division of the regional court, the freaking out of a 51-year-old in a Freising car park ends with a stay in prison.

Freising

- In 2019, a fully drunk man (51) forced two folk festival visitors to get into his car while holding an uncharged alarm gun.

There he harassed the two 21-year-olds until he fell out of the vehicle.

After the evidence was taken, the criminal chamber saw willful driving without a license, negligent intoxication and unauthorized use of a firearm as proven and sentenced the 51-year-old to one year and ten months.

A suspension on probation is out of the question for the chamber, said presiding judge Markus Kring in the verdict.

The intoxication

The actions that a defendant commits while intoxicated should not be taken into account when determining the sentence. However, this does not apply to the consequences of an intoxication: the men were scared to death, according to Kring. They still had to fight back tears in court at the descriptions of the events in the parking garage. As far as the legal assessment is concerned, it followed the statements of defense attorney Harry Völker, who would have liked to see his client's imprisonment suspended on probation. Prosecutor Johannes Hauber had also assumed attempted coercion, deprivation of liberty and threats and had demanded a total imprisonment of two years and seven months.

The defendant had admitted on the first day of the trial that he had been driving in the vehicle without a driver's license, was drunk and had a blank gun.

As for the incident in the parking garage on the night of September 9th, he would have alleged gaps in his memory.

At the festival he helped out at the cash desk of friends who ran a fairground ride.

According to the defendant, he only knew that after work they sat together in a marquee and drank quite a lot.

The next morning he woke up with "Filmriss" in the hotel room.

"Credible and understandable"

As far as the incidents in the parking garage were concerned, those involved in the proceedings followed the descriptions of the injured parties in unison.

According to Kring, these were "absolutely credible and understandable".

Accordingly, one of them initially met the defendant at the parking meter.

Intimidated by his aggressiveness, the then 19-year-old had offered to cover the parking costs.

But the defendant took the alarm pistol out of his car and threatened the student.

The second victim came, recognized the weapon and paid the parking ticket for the 51-year-old.

"It is bursting with senselessness"

But that's not all: the defendant forced the two of them to sit in his vehicle. There he apologized that the situation had gone so stupid, but at the same time pointed the gun alternately at the injured parties. He also said he was from the mafia. Finally he pulled the gun down and put it in the mouth of one of the men. Following the assessment of the expert, the chamber assumed the presence of total intoxication. According to the indictment, the Aachen resident had a "maximum possible blood alcohol concentration of 5.19 per mille" at the time of the crime. Kring pointed out that the BAK value is only an aid. But there are further indications of a total intoxication: The defendant had also taken a drug. According to witnesses and video surveillance, there have been clear signs of failure.Above all, however, it is the act itself that speaks for a full intoxication: "It is bursting with senselessness."

Barrier broken

The defendant's freaking out in the parking garage was ready for comedy.

The 51-year-old obviously no longer knew that he was in possession of an exit ticket thanks to an injured party: After the young men had fled and he had heaved himself back into his car, he simply knocked the barrier over when leaving.  

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