Wertheim.In July 2019, a lawyer hit a customer in the face at a gas station in Besteheid with such force that he suffered a headache and a whiplash injury. The customer had to wear a ruff for two weeks. In addition, the glasses “flew” several meters away – damage 259 euros.
The background to the “breakaway” was that the pensioner had knocked his hand on the car after being insulted by the lawyer. At the Wertheim District Court, the lawyer now argued that he had struck in self-defense, found no faith and received a fine of 30 times 25 euros for deliberate bodily harm in unity with property damage.
Contrary to the request of the public prosecutor’s office, the judge waived an additional conviction for insult. She was convinced that there had previously been mutual insults.
The defendant, born in Munich in 1961, is admitted to the bar in Germany and Great Britain. He did not name a permanent place of residence, he stayed in various European countries. When the court asked about the postal address, he gave a mailbox address in London. On the day of the day he was driving his separated wife’s Volvo to see his daughter. He wanted to check the tire pressure at the gas station, but the access to the service area was blocked by a minibus with a trailer. This team was driven by a pensioner from Besteheid on behalf of a company in Wertheim.
When someone called out when he was leaving, the 74-year-old replied: “After refueling”. When the pensioner ran to the team after paying, the lawyer called out from the Volvo several times: “Drive away, you idiot”. He didn’t want to let that sit on him, so he hit the roof or the side window of the Volvo with his hand.
The accused jumped out of the car and said, “You won’t hit my car.” Then he hit him on the cheek and drove away without comment. Another fuel customer helped the pensioner. The police used the license plate to identify the Volvo driver.
The defendant testified at the hearing that he had only asked to drive up a little. When that didn’t happen, he called the behavior anti-social. Now the pensioner has hit the roof. He got out and fearing that the pensioner would hit him, he gave him one.
Video matters
The customer who had helped the pensioner remembered loud “expletives” in his testimony. He no longer knew whether they came from one side or both. The aggressiveness after getting out of the car had come from the defendant. The video recording of the gas station was of crucial importance in the negotiation.
After the public prosecutor’s pleading (criminal complaint 30 times 25 euros), the defense attorney requested an acquittal, or alternatively a conditional penalty.
He and above all the defendant in the last word referred to contradicting testimony, for example whether someone hit the roof or the window, whether “you” or “you” was said, whether it was gas pump one or four. According to the defense attorney and the defendant, slamming is self-defense.
The accused also verbally attacked the public prosecutor during the trial, because the prosecutor affirmed that prosecution was in the public interest.
© Fränkische Nachrichten, Friday, October 30th, 2020
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