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Because he resisted a search, the police handcuffed a man from Oberhaching. He now had to answer to the district court for assaulting officers. (Symbolic image) © Federal Police
He resisted a search and insulted the police: An Oberhaching resident had to answer to the Miesbach District Court for physically attacking officers.
Holzkirchen – It was not the first time that the Oberhachinger was in the dock. What was new to him, however, was the Miesbach District Court, where he had to answer for the physical assault against four law enforcement officers, as well as resistance against officers and insult.
The crime is said to have taken place at Holzkirchen train station: After an argument with a 29-year-old man from Tegernsee, the man called the police because he thought the accused was carrying a knife and wanted to threaten him with it. As they assumed it was a “knife situation”, the officers wanted to search the accused, but he is said to have vehemently resisted. The four police officers are said to have suffered abrasions, bruises and even contusions. He also severely insulted the police officers and farted at them.
Oberhachinger was drunk
The defendant, who appeared without a lawyer, could not really remember the crime. Not surprising, as he had a blood alcohol level of 1.65 per mille at the time of the crime. “But that sounds like me, I don’t want to deny it,” said the Munich man. The garbage collector, however, wanted to remember that the police officers immediately attacked him. “That made me angry.” As the 43-year-old explained, he was in a pub in Holzkirchen with an acquaintance that evening. On the way to the train station, he then got into an argument with the man from Tegernsee and “slapped him.”
The 29-year-old witness explained that he thought he had seen a knife and therefore alerted the police. The man from Tegernsee continued to observe the situation from a distance. He was able to confirm the accusations against the man from Munich. The officers eventually had to take the man to the ground with three people to handcuff him. “He was thrashing around with his hands and feet and trying to defend himself.”
Police officers injured during arrest
The four officers also described the incident in the same way. During the trial, the 43-year-old repeatedly objected that the police had handcuffed him immediately without speaking to him first. The police all denied this. “If they had kept still, the eighth man would have been taken down straight away. But they had to throw them to the ground so they could take him down,” Leitner replied.
A policewoman reported that her arm was trapped under the accused. When she tried to free him, the man from Oberhaching tried to prevent her from doing so. The accused apologized for this. The police reported abrasions and bruises caused by the scuffle between the accused. Three of the officers had demanded compensation, which the man from Munich had already partially paid.
Already eight entries in the central register
This was not the first time the 43-year-old had encountered the police: in the past 15 years he has been in court eight times, including for assault, drunk driving, possession of weapons and possession of narcotics. In 2013 he was already sentenced to probation for assault.
(By the way: Everything from the region is now also available in our regular Holzkirchen newsletter.)
“Resisting officers by physically attacking them carries a minimum sentence of three months in prison,” explained Leitner. In this case, the judge imposed ten months, one month less than the prosecutor had demanded. Due to his positive social prognosis – the Munich resident works and looks after his two children – the sentence was suspended for three years. In addition, the defendant must donate 1,800 euros, one month’s salary, to the German Police Union Foundation, which supports traumatized police officers. “This was a one-off slip-up. After that, it’s time to calm down,” Leitner warned the defendant. (sf)
