News from May 19, 2021
At the district court in Montabaur, under the chairmanship of judge at the district court Ingo Buss, a case was heard that caused quite a stir in the region in advance. The Koblenz public prosecutor had brought charges against a 42-year-old man from the Montabaur community.
Montabaur. The man was charged with negligent homicide with a traffic accident escape and road traffic hazard under the influence of alcohol.
What exactly was the defendant charged?
A 39-year-old woman from VG Montabaur will be run over while lying on the street on June 27, 2020 at around 3:30 a.m. on the L 327 between the Montabaur district of Horressen and the neighboring town of Niederelbert. Any help comes too late for the woman; she dies at the scene of the accident due to her serious injuries. The driver of a Ferrari sports car initially left the scene of the accident, but soon returned after driving home, looking at the damage to the Ferrari, and telling his wife that something had happened. His wife immediately drove back to the scene of the accident with the defendant. At the time of the accident, the blood tests showed that the accused had a blood alcohol concentration (BAC) of 1.23 per mille, and that of the victim had a BAK of 1.4 per mille.
After the prosecution had read out the indictment, a highly emotional gathering of evidence developed in which the deceased’s sister was admitted as a co-plaintiff and she was repeatedly shaken by crying fits when it came to the details of the accident and the injuries. The defendant also fought back tears when he confessed and asserted that he would be infinitely sorry for what had happened. He would have gone to a business meeting in Limburg, then met an old friend, they went to a disco, where he drank five or six glasses of gin and tonic. According to his own account, he already felt the alcohol when he drove home at around 3 a.m.
?? My first thought when I heard the knock on the L327 was that I had run over a piece of wood or a fox. But I hadn’t seen anything lying on the street before. At home I looked at the damage and suspected that something must have happened. So my wife and I drove straight back to the point in question on the L 237. Only there did I find out what really bad had happened.
The defendant’s defense attorney stated that the insurance company has so far paid 23,000 euros to the relatives. Since his client earns very well, he wanted to avoid the impression that the accused wanted to buy himself out of his guilt by paying a much higher amount to the relatives.
Bad rumors made the rounds
When three witnesses were questioned, it was unanimously found that they had seen the deceased shortly before the accident on the L237 and stopped briefly to ask if they could help. However, the woman reacted hysterically to this and was sometimes aggressive, even punching a fist in a hedge. A police officer reported the rumor that the defendant had an affair with the victim and that he had deliberately run over the woman. This terrible rumor led to an extensive investigation, which was in no way confirmed.
The mother of those killed said that her daughter called her before the accident because she had major problems as a single parent without a husband and also had stress in her job as a waitress. She went to Horressen to talk to her daughter. The mother did not want to say anything more about the psychological problems; she categorically ruled out a possible suicide attempt. However, her daughter was once in Dernbach for outpatient therapy about eight years ago because she was looking for help and to be able to speak to someone. The interrogated stepfather of those killed also ?? walled ?? When asked about the daughter’s mental health problems, the defendant’s defense counsel even accused him of making unofficial false testimony. As he walked out of the hall, the stepfather went to the defendant, leaned down and said, “Look me in the eyes.”
The experts from DEKRA and forensic medicine from Mainz then submitted their reports. The DEKRA expert stated that the deceased had never stood on the restricted area of the L237, either kneeling or lying. The Ferrari was in top condition with no technical defects. The collision speed was between 115 and 126 km / h, so it was between 15 and 26 km / h too fast. At 86 to 90 km / h he would have had a view of the accident victim from 60 meters and could still have braked if he had seen the obstacle.
The forensic doctor had carried out the autopsy and described the serious injuries of those killed, especially on the left side, the point of contact. In no case would she have stood or sat before the accident, probably lying. As a consolation for the relatives, the doctor was able to assure the relatives that death would occur within seconds.
At the request of the public prosecutor’s office, the proceedings regarding the escape from a traffic accident in accordance with Section 154 (2) were discontinued. Regarding the personal information, the defendant said that he worked in the real estate industry and earned above average. The accused has no criminal record, but has two entries for speeding.
After the taking of evidence was closed, the representative of the Koblenz public prosecutor first pleaded that she applied for a total imprisonment of one year and eleven months, which, however, can be suspended on probation. As a condition of probation, the well-paid defendant has to pay a sum of 300,000 euros to the deceased’s son within three years as compensation for pain and suffering. Further withdrawal of the driver’s license for 18 months. The representative of the secondary prosecution did not submit a specific criminal complaint, applied for a determination of guilt and conviction and the payment of damages and compensation for pain and suffering in the amount of 300,000 euros to the son of the deceased. The defendant’s defense requested a one-year and three-month suspended prison sentence, and the defense lawyer agreed to the suspended condition. In his last word, the defendant repeated that he would be very, very sorry for anything.
Imprisonment could be suspended on probation
Judge Ingo Buss announced the verdict: One year and six months’ imprisonment, suspended on probation. As a condition, the defendant has to pay 300,000 euros as compensation and compensation for pain and suffering to the son of the deceased within three years. Judge Buss justified the probation, among other things, with the fact that the deceased was in an exceptional psychological situation and contributory negligence in the occurrence of the accident cannot be ruled out.
All those involved in the process declared after the instructions on legal remedies that they would waive their right to appeal, so the judgment became final in the courtroom.
Wolfgang Rabsch
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