Sensational turning point in the Porsche murder case: BGH overturns Munich judgment - new trial against perpetrators

Created: 01/09/2022, 05:34 PM

From: Andreas Thieme

David H. (24) confessed that he fired three bullets at his dealer Domenik S.

© Sigi Jantz

The Porsche murder shocked Munich: David H. (25) killed a man in Milbertshofen with three shots - they fought over money and drugs.

The regional court sentenced H. to life imprisonment, but the Federal Court of Justice overturned the judgment.

Munich - He shot his drug dealer with a pistol, later he escaped from the Stadelheim prison - in 2021 David H. (25) made several headlines. Most recently at the beginning of June: The Munich Regional Court I sentenced him to life imprisonment. Judge Norbert Riedmann found that David H. had committed the murder with three aimed shots. At the Hart, walkers found Domenik S.'s body in a Porsche Panamera.

An act in the affect?

The district court did not believe that.

Rather, it was seen as proven that David H. had acted insidiously and killed "unerringly" - so he shot the dealer at close range, who had no chance.

His motive was money worries: Domenik S. had owed H. for a long time money for drugs that he supposedly could not pay for.

In court there was talk of a "threat scenario" against which David H. allegedly only knew how to use a weapon - and Domenik S. murdered in cold blood.

Murder in Munich: The trial against David H. must now be repeated

Is that a clear case?

No, protested H's defense attorney Daniela Gabler last year in the courtroom - and appealed to the Federal Court of Justice after the judgment.

With success: The highest German judges carefully examined the Munich murder case and came to the conclusion that the sentence will be overturned!

What does that mean for David H.?

His trial is now being renegotiated - at another criminal chamber of the Munich regional court.

The terrible deed happened in Hugo-Wolf-Straße © Jens Hartmann

It is a sensational turnaround in this case.

Because the Federal Court of Justice has also decided: The verdict in the new trial can no longer be murder, but only manslaughter.

"We attacked the murder feature of maliciousness in our appeal, the BGH accepted that," explains attorney Gabler.

The background: David H. had been blackmailed and harassed by his dealer for months - and as a result Domenik S. was not innocent of the crime.

According to the BGH, it is not unlikely that David H. would defend himself.

Munich murder trial: David H. faces between five and 15 years in prison

The Munich district court, on the other hand, only dealt with the question of possible self-defense - too little from the point of view of the highest German judges who received the murder sentence.

Now the case is reopened.

David H. then faces between five and 15 years imprisonment, no longer life.

According to the BGH, it is not necessary to take evidence again - the retrial is primarily about the new sentence.