Head hit the ground

Ten years in prison after fatal punch

The 33-year-old was convicted of assault resulting in death at the Vienna Regional Court.

(Bild: Martin A. Jöchl)

At the end of last August, a serious fight broke out in a park in Vienna-Meidling. After just one punch, a 67-year-old man hit his head on the asphalt and died weeks later. A 33-year-old man has now been sentenced to ten years in prison and a forensic therapy center - he is dangerous.

One punch was enough and the tall, strong man fell backwards onto the asphalt, hitting his head. Almost eight weeks later, the 67-year-old died in hospital from multiple organ failure - which could be causally linked to the so-called locked-in syndrome, an almost complete paralysis. Caused by this one blow. 

Defendant actually physically inferior
This is why a 33-year-old man is now on trial for assault with a fatal outcome - with a sentence of up to fifteen years in prison. An almost slight defendant, actually physically inferior to his opponent, sits before the judge in Vienna. "I didn't assume that I would be able to knock a man unconscious with my 60 kilograms," he says, claiming not to have expected the outcome.

Video shows victim going down
On August 28 last year, the accused was out and about in Wilhelmsdorfer Park in Vienna-Meidling - he was recovering from a severe parasite infestation, scabies. The deceased was sitting at a table with a group, eating and drinking. Because they were arguing, a verbal argument broke out first. What follows is captured on a cell phone video: a wild brawl ensues and the defendant also ends up on the floor, being punched and kicked. "I was beaten up in the worst way for half a minute!" he says indignantly, claiming that the 67-year-old was actually the aggressor.

§ Section 86 StGB Assault with fatal outcome

(1) Anyone who physically abuses another person and thereby negligently causes their death is liable to a prison sentence of one to ten years.

(2) Anyone who causes bodily injury or damage to the health of another person and thereby negligently causes that person's death shall be liable to a custodial sentence of one to fifteen years.

When the group let go of him and actually turned to leave, the 33-year-old threw two more punches. He breaks the victim's nose, he falls unchecked onto the concrete and remains lying there. Forensic pathologist Nikolaus Klupp provides an expert opinion: The 67-year-old suffered a fracture to his left frontal bone and several hemorrhages in his brain - resulting in what is known as locked-in syndrome. Klupp emphasized that the defendant's punches were in any case the cause of his death.

Ten years in prison for punches
The court of lay assessors followed the expert opinion of the forensic pathologist. The 33-year-old was sentenced to ten years in prison for assault with fatal consequences. The psychiatric expert is also accepted: The Viennese is also dangerous and is therefore committed to a forensic therapy center. Not legally binding.