Defendant in Kalashnikov Trial Sentenced to 13 Years and 9 Months

Essen/Hattingen – The defendant in the Kalashnikov trial remained silent for nine days. When the verdict was read out today, the defendant suddenly freaked out. His two defense lawyers also seemed surprised by their client’s sudden, nasty insult to the presiding judge of the jury court.

13 years and 9 months in prison announced

After nine days of negotiations, today (January 23, 2024), the presiding judge of the Second Large Criminal Chamber, which was set up as a jury court, announced the verdict “In the name of the people” at the Essen Regional Court. The 33-year-old defendant was sentenced to 13 years and 9 months in prison for attempted murder, serious and dangerous bodily harm and violating the War Weapons Control Act. At the same time, the reservation of the defendant’s placement in preventive detention after serving his sentence was announced.

When the verdict was read out, things escalated this afternoon when the defendant massively and persistently insulted the presiding judge over the hall microphone, constantly interrupted him and was then taken out of the hall by the two judicial sergeants. Before that, he had “collected” a week of administrative detention for insulting the criminal chamber. The presiding judge, Schmitt, remained surprisingly calm and calm despite the defendant’s verbal insults.

The Hattinger newspaper messenger from WAZ seemed relieved after the verdict was announced. The verdict marks the end of a chapter that severely affected his life. The 34-year-old newspaper delivery boy, who said he has been delivering newspapers for 13 years, will never forget that Saturday morning at the beginning of March 2023. Coming from the direction of Sprockhövel, shortly after three o’clock in the morning in Holthausen, he wanted to turn left from Sprockhöveler Straße into Am Schellenberg street in order to deliver his newspapers there.

Shots at newspaper delivery people: access to the street where the crime occurred. (Photo: Höffken) The newspaper delivery boy Jan-Christopher Jarosch (left), who was injured in the attack, with his legal advisor, lawyer Salewski from Hattingen. (Photo: Höffken)

A bright BMW was parked in the narrow driveway to Am Schellenberg Street, blocking further access to the houses. “I saw a man standing at the driver’s door who then walked around his car, took a rifle out of the car and came towards me with it pointed,” said the Hattingen newspaper delivery boy during the trial. Because of the darkness on the night of the crime, he was unable to identify the perpetrator. He realized that this person was not a hunter when he was suddenly shot at from this rifle, a Kalashnikov as it turned out later.

21 shots from the Kalashnikov

The first bullet flew through the window of the newspaper delivery man’s small car, just past his head and hit his finger. A second shot was immediately fired, hitting the car window. He was then said to have been shot at some more. The defendant is said to have fired a total of 21 shots, eight times in the direction of the newspaper delivery person, and three bullets hit the victim’s vehicle. The police found impacts on the rear window, on the headrest, on the driver’s side, the passenger’s side, the B-pillar and on the seat belt. The police also found a bullet hole in the trunk of the small car.

In addition to a comminuted fracture and the gunshot wounds he sustained to his fingers and shoulder, he suffered from blast trauma and tinnitus and is still suffering from the consequences of this brutal act to this day. “The fact that he survived this attack is nothing short of a miracle,” said prosecutor Pawig in his plea.

The newspaper delivery boy had to be operated on three times at Bergmannsheil. The current healing process is not without problems and he is still being treated. He has been on sick leave since the attack and hopes that specialist care will help him recover from the injuries he sustained.

The jury chamber was convinced that the 33-year-old defendant, who had already been convicted of attempted murder, among other things, shot the 34-year-old WAZ newspaper delivery boy with a Kalashnikov. The defendant, who comes from Oberhausen, has been in court in Essen since the beginning of September 2023 – and remained silent. The public prosecutor’s office had charged him with attempted murder, grievous bodily harm and violating the War Weapons Control Act.

The prosecutor pleaded for 13 years imprisonment

At the end of the taking of evidence, public prosecutor Pawig made a lengthy plea requesting that the defendant be given a total prison sentence of 13 years, commensurate with the offense and guilt, and that preventive detention be ordered. Attorney Salewski, as a co-plaintiff for the newspaper messenger, requested that the defendant be sentenced to life imprisonment for attempted murder and also saw the need for preventive detention of the defendant.

The defense attorneys Strüwe and Wandt demonstrated in detail that, in their opinion, their client, the defendant, acted without any intention to kill, since the Kalashnikov was fired without continuous fire. As a result, her client should (only) be punished for violating the War Weapons Control Act and for causing dangerous bodily harm. They left the sentence to the jury chamber.

In his last word, the defendant, who had remained silent on all days of the trial, took the microphone and told his victim that he had never had any intention to kill and that he was sincerely sorry.

Essen Regional Court: The judges of the Second Large Criminal Chamber (jury court) with the public prosecutor, the defendant and his defense lawyers. (Photo: Höffken)

Judgment escalated – Defendant disturbed and insulted the presiding judge

After lengthy deliberations, the presiding judge Schmitt announced the verdict of the Second Large Criminal Chamber shortly after 3 p.m. this afternoon, amid great media interest. The defendant remains in custody and was sentenced to 13 years and 9 months in prison. At the same time, the reservation of the defendant’s placement in preventive detention after serving his sentence was announced.

Then, when the reasons for the verdict were read out, the defendant had a massive and nasty “freak out” towards the presiding judge, Schmitt.

The judgment can still be appealed to the Federal Court of Justice.