Because he was deemed mentally incompetent, there were no charges of attempted murder. Shortly before the trial, the victim tried to retract the massive allegations. The decision is not final.
“Toxic relationship”
“He tried to strangle his partner on November 30, 2023,” prosecutor Gilbert Zechner said very clearly at the beginning. He explained that the couple, who have been together since 2012, had had “repeated violent arguments.” There were also advertisements, but the woman then withdrew them. She herself spoke of a “toxic relationship,” explained the public prosecutor.
Shortly before the crime, the woman apparently wanted to break up with the 55-year-old. He then threatened suicide and claimed to have swallowed pills. He was taken to the mental hospital, from which he was released the same day. At home he wanted to cook something for himself, but fell asleep – because of lack of sleep and alcohol, according to him.
“Then no one should have you”
When the entire apartment was filled with smoke, he went to the woman’s bedroom, where she was lying in bed with their two-year-old child next to her. In the meantime, she had been active on Facebook again, which fueled his jealousy. According to her, he said, “If I can’t have you, no one can have you,” and then grabbed her by the neck and choked her until she passed out. Only when he believed she was dead did he let go of her, the prosecutor said. She came to and was able to call 911. “Fortunately, she didn’t die,” described the prosecutor. He had no doubts about the Grazer’s mental illness.
From the defender’s perspective, things looked a little different. He believed that his client was not sane. But he found “diverging information” regarding the course of the crime, namely from the victim herself. Shortly before the hearing, the woman had written an email to the presiding judge in which she apologized for her absence and stated that she was on vacation abroad. She “thought a lot” about the incident. “I suffered no injury,” she wrote, which coincides with the photos. She suffered from panic attacks and that was probably why she fainted; contrary to what she told the police, she didn’t want to know anything about choking.
“It was a reflex”
“I didn’t want to hurt or kill her,” the 55-year-old assured during his questioning. At that point he hadn’t slept for two days, his tablets had run out and he had consumed alcohol. That’s why he fell asleep. When he noticed the smoke, he woke her up and said “We have to get out of here”. She “became hysterical and screamed,” and he grabbed her by the neck and said, “Stop.” He admitted that he may have squeezed “a little harder.” “Why are you even pressing?” Judge Erik Nauta wanted to know. “It was a reflex.”
The partner has already been convicted once for giving false evidence and defamation. “She is a notorious liar,” the person claimed.
The jury found it was attempted murder by a vote of 5-3. Since the psychiatric expert had classified the 55-year-old as mentally incompetent and the lay judges had unanimously followed his opinion, the affected person will only be admitted to a forensic-therapeutic center. The decision is not final.
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