Mother in tears

Mother in tears: “Yes, it was a mistake”

Dominik's mother and her partner before the single judge in Linz, responsible for the death of the five-year-old child

(Bild: © Harald Dostal / 2024, Krone KREATIV)

Her face buried in her hands, a sea of tears - Dominik's mother (36) can no longer contain her emotions during the arraignment. "Nothing is as it was," says the defense lawyer for the Czech woman and her partner (39). The judge deemed the fatal window fall to be gross negligence manslaughter and handed down a conditional prison sentence.

"He normally never climbed to the window because he knew he wasn't allowed to," says the 36-year-old during her interrogation, which proved difficult due to language problems and the emotional strain. 

Only one window not secured
The public prosecutor accuses the couple of deliberately locking Dominik in when they went for a walk on March 2. The mother and foster father, who had been with the family since the boy was 1 year old, left him behind because he had fallen asleep. When he woke up, his parents were gone. "He climbed over a desk to the two windows, the larger of which was secured, but the smaller one was not," the prosecutor said. "The smaller window was the only one in the apartment that was not secured because it was not recognized as a danger," says the lawyer. This is because the reveal is at a height of 1.5 meters, the handle at 1.9 meters. And it was precisely this window on the 4th floor that he opened and fell to his death.

A skillful whirlwind
"Dominik is described as having very good motor skills, a kindergarten teacher called him a whirlwind," said the judge, referring to a kindergarten ritual in which children climb onto the windowsill and wave to their parents. "Dominik was desperately looking for his parents and opened the window," said the prosecutor, who charged gross negligence manslaughter. The lawyer only sees a breach of care, namely that this one window was not secured.

"I don't know how this could have happened"
"I don't know how this could have happened," said the mother with a Czech accent, not knowing who had locked the children's room and why. How long they wanted to stay away - "I don't know". Tears broke out again and again.

Dominik's mother and her partner appear before the single judge in Linz to answer for the death of the five-year-old child.

(Bild: © Harald Dostal / 2024, Krone KREATIV)

"We never left Dominik alone in the apartment before," says the mother, repeating again and again: "I don't know how this could have happened." 

"It would only have been two screws"
"I couldn't imagine that this could happen. I misjudged it. It would only have been two screws," says Dominik's foster dad, who "secured everything" in 2020 after the mother and child moved in - except for the one window. And because Dominik didn't like climbing up things, even though he was considered to have good motor skills and was curious, the 39-year-old didn't think "that he would climb up".

"Going for a walk was not planned"
"It wasn't planned that we would leave Dominik alone," says the 39-year-old. "We just wanted to get something from the car when he fell asleep, but then the battery to the car key was broken. Then I spontaneously said: 'Let's go for a walk'," the foster father reported to the judge. "Our sense of timing let us down." "Why did you lock the room?" the judge asked. "We always did that when we were carrying something downstairs, fetching something upstairs or when I was installing a socket. In case he woke up and ran after us. That was intended as protection," said the 39-year-old, who commented on the incident on March 2: "I can't explain why we were both so stupid."

"Leaving alone is a breach of due diligence"
The judge followed the prosecutor's request and considered gross negligence manslaughter to have been committed, while the lawyer wanted a conviction for normal negligence. The mother and foster father were each sentenced to ten months' probation - a legally binding sentence. The reason: not securing the window, staying out late and leaving the child alone. "It is a breach of due diligence to leave the child completely alone for a long time. The nursery is a safe place because parents are nearby. But he was all alone and the room was locked. And it's obvious that he was looking for a parent."