Man (67) dies after altercation in Vienna park: guilty verdict for defendant

A 33-year-old was sentenced to ten years in prison for bodily harm resulting in death (§ 86 StGB). In addition, he was admitted to a forensic therapeutic center due to his confirmed dangerousness within the meaning of Section 21 Paragraph 2 of the Criminal Code. The defendant had pleaded guilty to self-defense before a jury. He filed an annulment complaint and appeal against the judgment, which means the decision is not final.

The altercation occurred on August 23, 2023, after the defendant was insulted by a group – three men and a woman – because he was lying on a park bench and smoking. After an initial argument, violence broke out, with the defendant being surrounded by the group, pulled to the ground, beaten and kicked – this and the following scenes are documented on a cell phone video that an uninvolved witness made and that was used in the trial was central evidence.

Bursting fracture of the skull vault

On the video you can see how the group lets go of the man after a while and walks away. The 33-year-old gets up and then approaches the 67-year-old and his wife – apparently swearing and continuing to confront him. The 67-year-old steps towards the 33-year-old, but does not hit him; the woman hits the 33-year-old with her handbag. The 33-year-old then delivered two punches to the 67-year-old’s face. After the second, the man fell backwards and hit the back of his head on the asphalt.

The 67-year-old suffered serious brain injuries: In addition to a burst fracture of the skull roof, there was bleeding between the meninges and bruises to the brain tissue, which subsequently led to the so-called locked-in syndrome. The man was completely paralyzed despite being fully conscious. On October 18th, he died of a resulting decompensation of the cardiac circulatory system, with previous illnesses – a previous heart attack, high blood pressure, decompensation and obesity – accelerating his death, as forensic pathologist Nikolaus Klupp explained. In any case, the punches were causal for the death, emphasized Klupp.

“It was an attack on my person,” said the defendant. He himself called the police after the argument with the group broke out. After the police officers left, the others “really” attacked him, the 33-year-old referred to the video: “They hit me from all sides. I never wanted to strike.”