It was an emotionally charged trial of the death of a 15-year-old in a police chase. The tricky case ended in Tamsweg District Court on Wednesday with a guilty verdict of negligent homicide and a two-month suspended sentence for the officer, not final.
The suspect looks into the grieving face of mother Katharina Gerhardter-Kinner and only answers judge Elvira Gonschorovsky-Zehentner’s question of guilt: “I would like to express my deepest regret, but I am not guilty.” Lungau’s only words remain Police officers in the cozy courtroom of the Tamsweg court, which is packed with 14 seats.
15 year old rolled over
The charge against the police officer is negligent homicide. On November 18, 2021, he was behind the wheel of a VW police van, followed by two colleagues Andreas G. (15), who had driven away from the police on his Rieju MRT 50 moped without lights and without a visible license plate. The chase continued on a dirt road near Göriach or St. Andrä. “We are at the back”, the Lungau 31 patrol sends to colleagues. The boy’s name also falls over the radio.
A second patrol is already waiting for the moped at the end of the dirt road. But then the tragic happens: Andreas falls, the police bus slows down. However, too late. The 15-year-old is run over and suffocated by severe trauma to the chest.
Suspect tried to save boys
“He then tried to resuscitate the boy for fifteen minutes. He is a father himself, he is really sorry,” emphasizes lawyer Kurt Jelinek and emphasizes: “That could have happened to any police officer.” It’s been a controversial fall, one that’s polarizing.
“The standard of care is under pressure. As far as I am concerned, this should be acquitted.” During the trial, the emotions are palpable, the death hurts the relatives, but also police colleagues: it happened so quickly. The rear tire of the moped went to the right, then it fell and found the collision place.” The distance? “In my opinion, we could have stopped at any moment.”
And she also confirms: the suspect performed mouth-to-mouth resuscitation on Andreas. “He didn’t want to stop,” said the colleague. Another official also emphasizes: “The fall was unforeseeable.” And: “We didn’t pressure him.”
Distance was the main issue
Accident expert and appraiser Gerhard Kronreif gives the facts and mentions a fateful circumstance: the footrest of the moped got stuck in the earthen median of the path when it fell. The result: a shorter braking distance. “With a distance of nine to thirteen meters, the accident could have been avoided,” Kronreif calculated. Accordingly, the policeman came two meters too close. In fact, it was seven to eleven meters apart. Victim lawyer Stefan Rieder finally finds clear words: “Andreas did not follow the rules, so the police officers could not force him to stop.”
guilty of involuntary manslaughter
The judge pronounces a verdict of involuntary manslaughter. Sentence: two months suspended. And emphasizes: “In principle, the police did everything right. The prosecution was justified and necessary because the moped rider posed a danger. Too wet, dark and therefore too dangerous. “You should have kept more distance,” the judge concluded. The defense attorney immediately announced an appeal, so the ruling is not final.
Source: Krone
I am Wallace Jones, an experienced journalist. I specialize in writing for the world section of Today Times Live. With over a decade of experience, I have developed an eye for detail when it comes to reporting on local and global stories. My passion lies in uncovering the truth through my investigative skills and creating thought-provoking content that resonates with readers worldwide.
