Lawyer in conversation

“Elmo’s” owner could be spared prison

The defendant read out an apology in court: "I take full responsibility."(Bild: Dostal Harald, Krone KREATIV)

As reported, the owner whose dogs attacked and killed a jogger (60) in Naarn last October has been sentenced to 15 months in prison, five of which must be served. Nevertheless, the 38-year-old may not have to spend a single day in prison.

"We have not yet made a final decision, but it is most likely that we will apply for an ankle monitor," says Philipp Wohlmacher, the convicted woman's lawyer.

However, it will be some time before a decision is made on a possible "electronically monitored house arrest", as the ankle bracelet is officially called. First, the court will serve the dog owner with a summons to appear in custody. The 38-year-old then has one month to comply - during this period, the application for an ankle monitor could be submitted.

What was mitigating and what was aggravating
The defendant immediately accepted the sentence in court. "The sentence is appropriate due to general preventative considerations and the circumstances of how the woman came to her death," said Wohlmacher, the defense lawyer.

Up to three years' imprisonment would have been possible - that is the range of punishment for the offense of gross negligence manslaughter. "The defendant's comprehensive confession had a mitigating effect," says court spokesman Walter Eichinger, explaining the verdict. "In addition, she had no criminal record and was injured herself during the attack." On the other hand, the "high social disturbance value" was aggravating - by which Eichinger means that the act was irritating for many people.

Two dogs allowed to stay
In addition to "Elmo", two other American Staffordshire terriers were involved in the fatal attack. They are allowed to stay with their new owners for the time being or be taken there, as one is currently still being kept in an animal shelter. According to Peter Akkad, lawyer for the new dog owners, the animals are living separately in different federal states with experienced dog professionals.