A neighbor hears roaring from an apartment at night.
The police come, a man opens the door - there is a scramble.
An officer uses pepper spray.
Because of resistance to enforcement officers, a Tegernsee had to answer in court.
Tegernsee
- Did Franco S. (name changed) from Tegernsee attacked a police officer who wanted to go into his apartment to look for a woman who was supposed to be crying? Did the police use hard bandages too quickly? An incident on April 23, 2021 in a residential building in Tegernsee has now been heard before the Miesbach district court. Franco S. had been violent against the police, who then used pepper spray.
As the 34-year-old officer from the Bad Wiessee police station described in court, a neighbor called the police at 3 a.m. because of the defendant's roar.
The officer heard a woman crying at the front door, but not his colleague.
When the defendant opened the door, he saw the police officer's body cam flashing green and supposedly switched on.
Therefore, he refused the police officer with a bodycam access to the apartment and only wanted to let the colleague in.
Tegernseer does not want to let the police in: There is a tussle
The officer did not respond to the objections of Franco S., whom the policeman described as "visibly aggressive". According to his testimony, he believed that the woman was crying in danger and pushed the young man aside. At the request of district judge Walter Leitner, he admitted that he had pushed the defendant head-on on the chest. Franco S. backed away and grabbed the policeman's forearms - this "resistance to law enforcement officers" was the subject of the trial.
After the policeman had freed himself from his grip and tried to fix the head of Franco S., the latter fled into the apartment.
The officer assumed another attack and sprayed pepper spray twice in the eyes of the defendant.
Then he was arrested without resistance and said: "It is really racist what you did." The policeman contradicted this at the trial.
The police decided not to search the apartment.
Defendant alleged "special economy"
At first it was unclear who might have been crying.
At the trial, the police officer reported that several weeks later, the neighbor called in and admitted that she cried after calling the police.
The accused is convinced that she wanted to drive him out of the house through several police operations and placed the police under “special economy”.
The public prosecutor demanded a fine of 50 daily rates and emphasized: "It is not relevant whether the use of pepper spray is justified, since it took place after the crime." In contrast, defense attorney Stevan Krnjaic demanded an acquittal and, in addition to the use of pepper spray, also stopped entering the apartment for not justified.
"Everything went badly", summarized Franco S. and said to the judge, "Now my career is in your hands."
He was not answered, however: District judge Leitner sentenced him to a fine of 750 euros.
It is true that the defendant's behavior is perfectly fine when a private person rings the doorbell at night;
However, the police have special rights based on the Police Tasks Act and can best assess the danger situation themselves.
The 50 daily rates are at the lower limit for this fact.
Defense attorney Krnjaic announced that he would appeal or appeal.
The accused no longer ruled out a complaint against the police officer.
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