rehabilitation center instead of imprisonment
Created: 01/21/2022, 12:00 p.m
The Landshut District Court was responsible for the process because the American had been arrested at Munich Airport.
Airport – The American was arrested at Munich Airport after he shot an acquaintance in Los Angeles.
He was sentenced for this at the Landshut District Court.
On Thursday, the Landshut district court sentenced a Californian to eleven years and six months in prison who killed an acquaintance on the open street in Los Angeles in October 2018 while under the influence of alcohol and drugs.
At the same time, the court ordered his placement in an addiction treatment facility.
If the verdict becomes final, the 25-year-old can start therapy in six months, including the pre-trial detention.
If he proves himself in rehab, he could be a free man in a few years.
As reported, the 25-year-old, who has American and Iranian citizenship, wanted to flee to relatives in Iran after the crime.
However, he was arrested during the stopover at Munich Airport.
The Higher Regional Court rejected an extradition request from the USA on the grounds that the conditions of detention there were not guaranteed in accordance with the European Convention on Human Rights.
Since this will not change, the deportation is not to be expected even after the judgment has become final.
It is questionable whether the man will return after serving his sentence: the ban in force in the EU, according to which one cannot be punished twice for one crime, does not apply in the USA.
The defendant made a confession at the beginning of the trial.
This was rounded off by an investigator from the Kripo Erding, who meticulously reported the witness statements in court.
The result was an "extremely ugly crime scene," as presiding judge Markus Kring put it.
There was a scuffle in front of the victim's car (22), in which the 25-year-old fell to the ground. After getting to his feet, he drew the gun and held it in his acquaintance's face. A little later the first shots were fired. The accused fired more when his victim was already lying on the ground. The perpetrator then ran over the victim's car. In his last word, the 25-year-old apologized again to the victim's family. He takes full responsibility, he said in fluent German: "I accept any punishment."
The public prosecutor originally classified the act as murder.
Following the chamber's legal advice, public prosecutor Franziska Smolka demanded a 13-year prison sentence for manslaughter and detention after the hearing of evidence.
Nevertheless, she had described the act as "equivalent to execution".
The defense found nine years imprisonment appropriate.
Only the co-plaintiff advocated murder.
The mere fact that the accused ran over his victim testifies to a “special will to destroy”.
The chamber also confirmed an intention to kill.
This is evident from the weapon alone, according to Kring.
Nevertheless, base motives were not assumed.
In fact, it is rather a "massive manifestation of a so-called normal affect" - that is to say: the influence of alcohol and an aggressive streak in the personality of the accused, together with a subjective provocation by the victim, led to an unplanned, fatal outbreak.