Case in prison – double manslaughter was back in court

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A 49-year-old who stabbed a neighboring couple with a sharp iron bar in Leonding in February 2016 appeared again in court in Krems on Friday. The Upper Austrian is accused of attempting to resist state power over an incident in Stein prison.

The focus of the single hearing was on the events of June 2, 2023. The now 49-year-old should have been transferred to another department in the Stein correctional institution at the time, but may have refused. Lawyer Andreas Mauhart points out that his client was not enthusiastic about the new accommodation after a series of previous transfers, because the man, as a non-smoker, did not want to be in a smoking cell.

Threat of violence
According to the Krems Public Prosecutor’s Office, the suspect then told a prison guard: “I am not going to a communal detention room. You can do whatever you want there.” The 49-year-old is further quoted in the criminal complaint as saying: “If I have to go in there now, I will use force against whoever opens the cell door and I will also tear the bricks out of the wall if you have to leave the detention room.”

The statement was interpreted by the prosecutor as a threat of violence and an attempt to prevent the officer from carrying out his official duties.

Statements provided little substance
The first day of negotiations in the case took place on January 30. The wording given was essentially confirmed by two people at the time. The trial was postponed for the first time to question two other witnesses. On Friday, interviews with one of the 49-year-old’s fellow inmates and a prison guard revealed little of substance. The second was not present during the incident, the detainee stood alone on the sidelines. The requests to speak were also overshadowed by other sounds, says the man who works as a domestic helper at the Stein judicial institution. After all, it is ‘not so quiet’ in a cell house: ‘It’s like a zoo.’

Fine already paid
The suspect can ‘certainly imagine’ that the prison guard who was probably responsible for the statements misunderstood something and may have only listened ‘with half an ear’. He expressed himself as ‘possibly misleading’.

The now divorced father of the family claimed he had already been fined €20 in connection with the incident. According to the single judge, this must now be brought in and checked before the next hearing date in order not to violate the ban on double punishment. The trial was postponed indefinitely.

Neighborhood dispute for years
The bloody crime in Leonding, for which the 49-year-old is serving a prison sentence, caused a stir in 2016. This was preceded by years of dispute between neighbors. When the man saw the retired couple on the street in February, he kicked them to the ground, picked up an iron bar at a nearby construction site and stabbed them several times. The 74-year-old and his 72-year-old wife died in hospital.

He will be released in August
The Upper Austrian was sentenced to seven years in prison for manslaughter by the Linz Regional Court. The sentence was increased to nine years by the Linz High Court on appeal. According to lawyer Mauhart, the 49-year-old first ended up in Garsten prison and then via Linz to Stein prison. The man should actually be released in August.

Source: Krone

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