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At the heart of the indictment, he was accused of forcibly forcing a 43-year-old man to tolerate cohabitation in his apartment in Penzing on the night of October 1, 2021, and ultimately killing him by administering an overdose of liquid ecstasy intravenously .
The 13-times convict pleaded “not guilty” at the beginning of the trial. It was a “stupid combination of circumstances that led to his death,” said defender Manfred Arbacher-Stöger. You can’t accuse your client of death: “There is not a single piece of evidence that he did what the indictment says.”
Cystal meth and liquid ecstasy
The 52-year-old claimed the 43-year-old messaged him on a gay dating site and wanted to meet him for the purpose of chemsex – sexual activity under the influence of previously used chemical drugs. The man appeared to him “already impaired” and then continued to use the drugs he had in his apartment: “He sniffed crystal meth.” While he was in the kitchen for a short time, the man also “swacked” liquid ecstasy, the accused suspected.
Because the 43-year-old then just fell asleep. At 6:00 a.m. he noticed that he was dead when he wanted to be intimate with him again. “I thought to myself, ‘Oida, there’s no such thing. Oida, another dead man’.”
Two bodies within a year
The police had already discovered a dead man in the accused’s apartment last May. At the time, this was classified as a serious death, and in the course of further investigations it turned out that he was also likely to have met the 52-year-old for chemsex. This death is not the subject of the proceedings – the accused could not be proven in the preliminary proceedings with the certainty required for criminal proceedings that he contributed to the death of this man or had a hand in it by injecting him with liquid ecstasy.
In the case of the 43-year-old, however, the prosecution is convinced that there was a homicide. The accused “injected liquid ecstasy and mephedrone (a synthetic substance from the cathinone group, note) into the left arm of the man with the intention of raping him,” said the prosecutor. He “knocked out the 43-year-old immediately. He could no longer defend himself”. The accused filmed the subsequent abuse of the defenseless person. Then he went to his apartment, “cleared it out”, returned with a stolen flat screen television, among other things, and assaulted the defenseless man again. “The victim was still alive,” emphasized the prosecutor. This is documented on the secured videos.
Body found three weeks later
The defendant, on the other hand, assured that the other man was still fine when he fell asleep himself: “Do you know how often people fell asleep with me?” When asked by the presiding judge why he drove to the other man’s apartment, took his TV and took it to him in a taxi, the 52-year-old replied: “I don’t know. Because I’m stupid and stupid bin. Do you know how heavy it was? 20 kilos. And it was dusty and dirty too.”
The body was not discovered until more than three weeks later in the defendant’s apartment. The 52-year-old had wrapped the dead man in garbage bags and stowed it in a bedding drawer. “I wasn’t ready for an arrest,” he told the jury. That’s why he didn’t call an ambulance after realizing that the man had obviously died. Instead, he “took banned substances for three weeks to be able to cope with everyday life.”
Complaints about odor nuisance
During this period, the 52-year-old may have received several men for sex meetings in his apartment, as suggested by videos confiscated after his arrest. Neighbors had already complained about the odor nuisance. The police stopped by twice, the 52-year-old argued with a clogged drain. “The police inexplicably did not go into the apartment and were satisfied with that,” said the prosecutor.
The prosecutor emphasized that there were “numerous pieces of evidence” that spoke against the defendant’s version: “It is clear that the victim would not have been able to inject anything for anatomical reasons.” His right arm – he was right-handed – was shortened, the man could not move the fingers of his right hand.
The accused faces life imprisonment
The verdict is expected next Tuesday. If convicted of the charge, the defendant faces 10 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 high-grade combination personality disorder that makes him extremely dangerous. According to the public prosecutor’s office, there would be a risk of criminal offenses with serious consequences again in the future without the therapeutic treatments provided for in the execution of measures.
The defendant and his defense attorney deny that there is a mental abnormality. He has “absolutely no mental problems,” said the 52-year-old. He had one of his 13 prior convictions for animal cruelty. More than 30 years ago, the man had massacred 13 cats and some zebra finches.
Victim stunned and robbed
The current indictment also includes a robbery fact in which liquid ecstasy is also said to have played a role. On June 5, 2021, another man met the 52-year-old for sex. However, he did not find the 52-year-old particularly sympathetic when he appeared with him and, according to the indictment, therefore refused intimate contact. The 52-year-old persuaded him to have a farewell drink, in which he is said to have mixed a psychotropic substance into the drink and drugged him.
After putting the man out of action, the accused is said to have taken cash and valuables totaling 18,000 euros from him. The victim woke up from the twilight state hours later.
Before the jury, the defendant denied the robbery. He said he didn’t like this man – he was called as a witness next Tuesday: “He talks more than I do.” So he left: “I really didn’t steal anything.” When reproached that the man’s wristwatch was later found in his apartment, the 52-year-old claimed that he did not know how it got into his apartment. It is possible that another of his sex partners wore them and forgot them.
Source: Nachrichten
