Originally, therefore, was determined because of double murder suspicion. Now the indictment is pending. It is rape resulting in death (§ 201 Paragraph 2 StGB), abuse of a defenseless person and aggravated robbery.
As the spokeswoman for the Vienna prosecution authority, Nina Bussek, explained when asked by the APA, the evidence and the reports obtained were not sufficient in the end to bring a murder charge with the regional court for criminal matters. However, this has no meaning for the range of punishment insofar as the homicide that the man is now accused of is also threatened with ten to 20 years or life imprisonment. In addition, the public prosecutor’s office has applied for the man to be placed in an institution for mentally abnormal offenders (Section 21(2) of the Criminal Code). According to a psychiatric report, although he is of sound mind, he has a highly disturbed personality disorder that makes him extremely dangerous. In the opinion of the public prosecutor’s office, without the therapeutic treatments provided for in the execution of measures, criminal offenses with serious consequences would have to be expected again in the future.
Extraordinary criminal case
The criminal case, which will probably be heard before a jury in early 2023 – the charges are not yet final, so according to court spokeswoman Christina Salzborn there is no trial date yet – is extraordinary. On October 25, 2021, the body of a 43-year-old man was found in the defendant’s apartment in Vienna-Penzing. Neighbors had noticed the smell of decay for some time and alerted the police, who initially did not search the premises because the officers did not smell anything suspicious. The 52-year-old finally went to a police inspection himself and stated that there was a dead person in his apartment.
According to the present indictment, the 43-year-old is said to have died there on the night of October 1, 2021, when the accused administered an overdose of liquid ecstasy intravenously into his left arm and raped the man who was taking too much of the drug GHB (gamma-hydroxybutyric acid, ed.) and therefore did not regain consciousness. The 52-year-old had arranged to meet the man through a gay dating platform. According to reports, he continues to deny having committed any criminal conduct. After his arrest, he explained that he and the 43-year-old had “slammed”, i.e. intravenously consumed psychoactive substances for the purpose of additional pleasure. He tried to “find a vein” in the 43-year-old with his consent.
Defenseless state after taking liquid ecstasy
The public prosecutor’s office does not believe the man’s claim. His information cannot be reconciled with the expert findings – extensive forensic and toxicological examinations were carried out – said the spokeswoman for the authorities, Bussek, to the APA. The prosecution believes that the man in this case is accused of the homicide he is accused of – he is said to have initially used violence to coerce the 43-year-old to tolerate intercourse and then continued to abuse him after he was in a defenseless state as a result of the liquid ecstasy – to be able to prove .
However, the situation is different with a second dead person who was also discovered in the 52-year-old’s apartment six months earlier – on May 14, 2021. The accused had also arranged a sex meeting with this man. Like the 43-year-old who died, the corpse had a puncture mark on the left elbow. A toxicological examination also found traces of GHB, in quantities that could be assumed to be poisoning. The cause of this man’s death was the resulting lack of oxygen.
Parallels between the two deaths
Although parallels between the two deaths are obvious, prosecutors did not charge the first case as a homicide. With the security required for criminal proceedings, the information given by the 51-year-old about what happened in May could not have been refuted, said media spokeswoman Bussek. He claims that his sex partner has already appeared with liquid ecstasy in his body because they had previously agreed on chem sex. The exact circumstances leading to the death of this man and the exact time of death could no longer be clarified, which is why this death will not be the subject of the main court hearing.
The indictment also includes a robbery fact, in which liquid ecstasy is said to have played a role. On June 5, 2021, a third man met the 51-year-old for a sex date. However, he did not find the 51-year-old particularly sympathetic when he appeared with him and therefore, according to the indictment, refused intimate contact. The 51-year-old persuaded him to have a farewell drink, in which he is said to have mixed the psychotropic substance into the drink and drugged him. After putting the man out of action, the 51-year-old is said to have taken cash and valuables totaling 18,000 euros from him. The victim woke up from the twilight state hours later.
The defendant already has 13 previous convictions. An indication of his abnormal personality structure, according to a psychiatric report, could be a conviction more than 30 years ago. At a young age, the man had been convicted of animal cruelty after massacring 13 cats and some zebra finches.
Source: Nachrichten
