Late remorse in court

Police officer (47) breaks his silence in court

The defendant sat down in his seat with his head bowed.

(Bild: Pail Sepp, Krone KREATIV)

A year ago, former police officer Andreas F. shot and killed his boss at the station in Trieben in Upper Styria. On Tuesday, he went on trial in Leoben. He had remained silent for a long time, now he broke his silence: "I'm sorry!" In the early afternoon, he was sentenced to 20 years' imprisonment, which was not legally binding.

The jury courtroom in Leoben is rarely this full. Relatives, former colleagues, journalists and onlookers jostle to get a seat. Others have to make do with standing room. "Will the defendant break his silence today?" - everyone is asking themselves this question, including the presiding judge Roman Weiß and public prosecutor Andreas Riedler.

Particularly dangerous
Four prison guards lead the defendant Andreas F. (47) before them. In handcuffs, which are also attached to a waist belt. He is obviously considered to be particularly dangerous. He sits down in his seat with his head bowed.

The defendant sits down in his seat with his head bowed.

(Bild: Pail Sepp, Krone KREATIV)

Official misconduct
"Immediately after starting work, the accused was called into the office by his superior," prosecutor Andreas Riedler began his summation. There, his boss confronted him with official misconduct: For example, he had not recorded an accident at work, which is why Commander Harald K. announced consequences to him. He was also told to bring a sick leave certificate. Andreas F. then left the office and returned shortly afterwards with his Glock 17.

Yes, the indictment is heavy fare. I'm not defending his actions, I'm defending his rights. It is not true that he remained silent. He was questioned several times and said he was sorry.

Der Verteidiger 

"Can't this be settled differently?"
He wanted to know from his boss whether it couldn't be solved differently. When he said no, he pulled out his gun and pulled the trigger. The first shot hit the man, who was standing just 1.4 meters away, in the upper body. He slumped down and tried to crawl towards the door. Ice cold, the accused pulled the trigger again. The second shot hit him in the lower jaw. "He knew his life was in danger and tried to find shelter under the desk." But: mercilessly, the shooter fired again. The third shot hit the victim in the head. A fourth shot landed unintentionally in the floor. 

At the police station in Trieben (Liezen district), the officer had shot the station commander during a meeting.

(Bild: Christian Jauschowetz)

After firing the fatal shots, the police officer left the room, put the Glock on the floor and washed his hands. He then went to his colleague, who was in mortal fear. He did nothing to him, on the contrary: he allowed himself to be arrested without resistance.

"I would like to plead guilty"
"Yes, the charges are tough. I'm not defending what he did, I'm defending his rights. It's not true that he remained silent. He was questioned several times and said he was sorry," continued his defense lawyer. Until then, he had been a valued colleague. He has already made compensation payments to the surviving dependants.

The panel of judges chaired by Roman Weiß (center)

(Bild: Pail Sepp)

(Bild: Pail Sepp)

Father held gun to son's temple
Now it's the defendant's turn to speak: Judge Roman Weiß has his hands full trying to get something out of him, he has to keep asking questions. "I would like to plead guilty," he says, his head bowed to the floor.

Shortly afterwards, the presiding judge brings up a traumatizing story from the defendant's childhood. The 47-year-old does not want to talk about it, but the presiding judge confronts him with it. As a child, he was lying in a bunk bed with his brother. Suddenly, his father came in the door and held a gun to his head. "You're worth nothing," he insulted him. Terrified, the desperate brothers fled the house and ran to the police. Fearing they would be killed, their father even shot after them.

This story was to be remembered again shortly afterwards. Before that, the defendant confirmed that he had not recorded an accident at work. He actually wanted to go to the doctor after leaving the office. But he changed his mind. He got a gun and went to his boss's office. In principle, he didn't feel comfortable in the office, intrigues among themselves had led to this.

I was disappointed that I was going to be reported. I put the gun to my temple in front of him, I wanted to shoot myself.

Der Angeklagte

He pauses again and again as he tells his story. "I was disappointed that I was going to be reported," he says, explaining why he shot his boss. He had actually wanted to shoot himself: "I put the gun to my temple in front of him, I wanted to shoot myself," he suddenly begins to cry. But then he changed his mind and killed his boss. "You knew his wife and three children. What drove you to go into his office and shoot?" Judge Roman Weiß wants to know. Silence follows. "Is there another answer?" - "No," replies the defendant. 

"Thought I was next and wanted to jump off the balcony"
The colleague who arrested him after the fatal shooting says that the accused is not so popular with the public because of his tough approach. He is on sick leave and undergoing therapy, but hopes to be able to return to duty at some point. On the day of the incident, an interview with the victim was planned, he says. The officer was preparing for it. "He was in a normal mood," says the man, "he helped me and seemed calm and composed."

The shots were no accident. The accused executed him in cold blood.

Staatsanwalt Andreas Riedler

Shooter helped to put on restraints
"Suddenly I heard three or four shots. I was totally shocked. I knew it couldn't be suicide, I thought I was next," he sobs. "I thought about jumping off the balcony. But then I positioned myself behind the office door and waited to see what would happen." After a few minutes, the door suddenly opened. The gunman came in and turned to him.

"'Cuff me, I've shot the boss,' he said to me and held out his hands." He tried to put the handcuffs on him, but could barely manage it because he was so shaky. The defendant finally helped him. "He was still very calm and composed." Immediately afterwards, the witness went into the commander's office. "I saw the boss lying on his stomach in a large pool of blood." 

"I saw his silhouette through the frosted glass in a shooting position"
A colleague was also present at the time of the crime. She heard a shout from the commander's room. "I saw Andreas' silhouette in a shooting position through the frosted glass. That's when I realized what was going on. When I ran out into the outbuilding, I heard more shots."

My client experienced violence in his childhood. His father tried to shoot him, his brother and his mother. Perhaps that helps a little with the question of why.

Der Verteidiger

For public prosecutor Andreas Riedler, there is no doubt in his closing statement: "He murdered his boss in cold blood!" "Yes, the crime has many sad consequences. My client experienced violence in his childhood. His father tried to shoot him, his brother and his mother. Perhaps that helps a little with the question of why," explains the defense lawyer. However, he pleads not to impose the maximum sentence of "life imprisonment": "This is reserved for the very worst cases!"

I know I can't make up for anything. I have killed one person and caused great suffering to many others. I will try to make further amends, but at the moment I don't have more than 10,000 euros.

Der angeklagte Polizist

Then the defendant has his say. For the first time he shows real emotion, cries and sobs: "I know I can't make amends. I have killed one person and caused great suffering to many others. I will try to make further amends, but at the moment I don't have more than 10,000 euros." He is then taken away and the jury retires to deliberate. 

The decision of the lay judges is quick and unanimous: The 47-year-old is guilty of the crime of murder and is sentenced to 20 years in prison. The defendant asked for time to reflect, so the verdict is not final.