Graz man died in front of bar

Fatal kick: defendant (30) denies murder

The accused is represented by lawyer Bernhard Lehofer (left)

(Bild: Eva Stockner/Steirerkrone)

It was a tragic kick that took the life of 54-year-old Josef H. in Graz at the end of January 2024. A 30-year-old ex-footballer has been on trial for murder since Monday. He denies intent to kill.

Driven by jealousy, the 30-year-old is said to have followed his then fiancée (the two have since married in custody) to a pub opposite their shared apartment. When he saw the black-haired woman talking to a man at the bar, "he saw red, started towards the two of them and headbutted him", describes public prosecutor Hansjörg Bacher.

"Fate took a tragic course"
While other patrons attend to the bleeding man from Graz, the 30-year-old leaves the location with his partner. "The victim Josef H.'s great misfortune was that he followed the two of them outside the pub, where fate took its tragic course."

He put an end to the victim's life with a powerful kick.

Staatsanwalt Hansjörg Bacher 

Bild: ERWIN SCHERIAU / APA / picturedesk.com

He presumably wanted to confront the accused because he had injured his friend. But the accounts differ somewhat as to exactly what happened next. The public prosecutor emphasizes that the 30-year-old first kicked the 134-kilo victim in the chest and then, when the man from Graz was crouching on all fours on the floor, kicked him in the stomach area with a running start and full force. 

A sea of candles for the deceased Josef H. in front of the restaurant in the Graz-Gries district

(Bild: Jauschowetz Christian)

Serial rib fractures, organs shredded
The 54-year-old suffered serial rib fractures, his spleen and liver were shredded and he ultimately died of a fat embolism, meaning that body fat entered his bloodstream and blocked his blood vessels. "A really tragic course of events, totally unfortunate," says Bacher, "but the perpetrator didn't care about the consequences. If anything, he'll just die," he accuses the accused.

He never thought it was possible that the victim would die and he didn't want it to happen.

Verteidiger Bernhard Lehofer

Bild: Christian Jauschowetz

Defence lawyer Bernhard Lehofer emphasizes that it was a chain of incredibly tragic circumstances. "But did my client seriously think it was possible that he would extinguish a life with one kick and then think it didn't matter anyway? I am absolutely convinced that this was not the case. Senseless aggression out of jealousy, that's possible, but he never, ever wanted him to die."

"Ask myself every night how this could have happened"
That is why the 30-year-old, who has no previous convictions, pleaded guilty not to murder but to assault causing death. "It was only a medium-firm kick, not the way I do a kick", the ex-footballer, whose career in Germany was ultimately ended by a knee injury, told the presiding judge Julia Riffel.

He never thought for a second that he could cause Josef H. a serious injury. "Judge, Mr. Public Prosecutor, I've been here (in custody) for nine months now and I ask myself every night how this could have happened. I wouldn't have done it if I had known how it would end." The trial will continue on October 14.