Fulda Regional Court - Process about startle shot due to noise
At the Landgericht Fulda, the appeal hearing against a man began who is accused of firing a shot from a pepper spray gun in anger at the nightly noise of a celebrating Eritrean-Orthodox church community last year. Two people, according to the prosecution, suffered breathing difficulties, pain when swallowing, and tearful eyes due to the released gas.
The accused was reportedly drunk at the time of the incident.
The 54-year-old is charged with aggravated assault, carrying an unlicensed firearm, and disturbing religious practice. The attack occurred on July 9, 2023, at 2:25 am in the vestibule of the Catholic Fulda St. Joseph Church, which the Eritrean-Orthodox religious community had rented for a special ceremony. The accused was reportedly drunk with a blood alcohol level between 1.9 and 2.6 promille during the incident.
During the search of the accused's residence, NS devotional items, such as a cup with a swastika, were discovered. In the course of the trial, according to Judge Jochen Müller, it will be determined whether there is a connection between the possible political views of the 54-year-old and the crime.
The accused: "I shot in anger over the noise"
The accused stated that he had only shot in anger over the noise. He had not targeted anyone and had fired the weapon straight at the ground. He saw no political background to the incident in his account. His sister and a friend described him as calm and peaceful people.
Due to the charge of disturbing religious practice, the question of whether the late-night service was still ongoing or if it was a different kind of gathering is also being discussed in the trial. Two witnesses, who are members of the community and were present when the shot was fired, stated at the beginning of the trial that the service was still ongoing at the time of the incident. Eritrean-Orthodox masses can last for many hours.
The defense intends to clarify the question of how long such a mass lasts through an expert report. The mass reportedly began the day before at 7:00 pm.
Prosecution demands prison sentence without parole
The man was sentenced to one year in prison by the Amtsgericht Fulda in February for aggravated assault in conjunction with the unlawful carrying of a firearm. The sentence was suspended.
Against the judgment, both the prosecution and the defendant filed an appeal. The defendant aims to achieve a fine instead of the imprisonment through the appeal, while the prosecution seeks a prison sentence without parole.
- The appeal hearing takes place at the District Court in Fulda, Hesse, due to the accused's appeal against his sentence for disturbing religious practice and aggravated assault.
- The Public Prosecutor's Office in Hesse is pushing for a prison sentence without parole for the man's actions, which they deem as a serious form of criminality.
- In the course of the appeal hearing, evidence will be presented regarding the noise level at the church during the Eritrean-Orthodox ceremony, which the accused claims triggered his anger.
- The 54-year-old is currently seeking employment at a company located near the District Court in Fulda, which has become a topic of discussion during his job interview due to his ongoing legal case.
- The defense attorney plans to argue that the prisoner, if convicted, should be transferred to a prison in a less urban area to minimize the impact of external noise on his rehabilitation process.
