He wanted to have some peace and quiet and shot a Kosovar with his assault rifle. For this, a Swiss (38) has to answer before the criminal court in Lucerne. He faces seven years in jail.
The bloody incident took place in the late evening of July 14, 2017 on a school building square in Ebikon, where teenagers and young adults were staying. They talked, drank and listened to music. The noise bothered the defendant who lived nearby.
According to the indictment, the accused had told his girlfriend earlier that he would “shoot” because of repeated disturbances of the night’s sleep. On this Friday evening, the then 34-year-old Swiss actually did so after apparently watching two men pee on the gym wall.
With his military orderly weapon, an assault rifle 90, he aimed at the crowd from a distance of around 45 meters from his balcony. There he met a 21-year-old Kosovar. The man injured in the upper body had to be taken to the hospital.
Drank five beers and smoked CBD hemp
After hearing a scream, he sent his girlfriend a WhatsApp message (“ech ha shit builds”). Then he went to the school building with a bag of bandages. He put the injured man on his side and left again. In the meantime, paramedics and police officers were on site. The arrest followed shortly afterwards.
At the time the shot was fired, the accused reportedly had a drinking problem, as stated in the indictment. On the evening of the crime, he drank five half-liter cans of beer on an empty stomach and smoked CBD hemp. After the arrest, he confessed.
The charges are willful attempted homicide and multiple threats to life.
The defendant spoke of an accident – the public prosecutor sees it differently
That was an accident, the accused told the criminal court on Monday. He assumed that the weapon was unloaded and secured. He only took out the assault rifle to scare off the noise-making people.
It was not his intention to shoot people. He didn’t want to injure or even kill anyone. However, he did not exercise the necessary care, he admitted in court. The 38-year-old explained the firing with a chain of unfortunate circumstances.
The public prosecutor firmly rejected the accident thesis. The accused had undertaken a number of deliberate actions before firing the shot, for example using the magazine on the assault rifle. According to a forensic report, his guilty capacity was not impaired despite alcohol consumption.
The shooter faces up to seven years in prison
The prosecutor also emphasized that the accused was an “accomplished and trained shooter”. Ultimately, he applied for a seven-year prison sentence – for attempted willful homicide and multiple endangering of life.
The defense attorney denied the prosecution’s motions. Based on the accident thesis, he pleaded negligent bodily harm and a conditional prison sentence of 24 months with a trial period of five years.
The victim’s lawyer requested a satisfaction of 50,000 francs as well as 100 percent compensation for all damages. His client suffered serious health, professional and financial disadvantages. The now 25-year-old man is still suffering from the incident.
The Lucerne Criminal Court will decide on the case in the next few days. The parties should be informed of the judgment in writing. (SDA / jmh / ct)