Fulda Regional Court - Scary shot due to noise: Judgment confirmed
The Landgericht Fulda upheld the verdict against a man in an appeals process who fired a shot from a revolver out of anger over the nightly noise of a celebrating Eritrean-Orthodox church community. Two people suffered respiratory issues, pain while swallowing, and tearful eyes from the escaping gas in the past year.
The 54-year-old was found guilty of reckless bodily harm, unlawful carrying of a firearm, and disturbance of religious practice, as the court announced. The sentence is the same as in the first instance judgment from February: one year probation.
Intoxicated at the time of the act
The incident occurred on July 9, 2023, at 2:25 am, in the foyer of the Fulda Catholic St. Joseph Church, which the Eritrean-Orthodox religious community had rented for a special celebration. According to the expert opinion, the defendant was intoxicated during the commission of the crime, with a blood alcohol level between 1.9 and 2.6 promille.
Both the public prosecutor's office and the defendant filed appeals against the judgment of the Magistrates' Court. In the appeals proceedings, an additional conviction for disturbance of religious peace was added, but, according to the court, it did not affect the sentence.
- Despite appealing the initial judgment from the Magistrates' Court, the District Court in Fulda, Germany, upheld the verdict against Hesse for his actions towards the Eritrean-Orthodox church community.
- The appeals process in this case involved challenges from both the public prosecutor's office and Hesse himself, leading to an additional conviction for disturbance of religious peace.
- Hesse was originally found guilty in the District Court, sentenced to one year of probation for reckless bodily harm, unlawful carrying of a firearm, and disturbance of religious practice, but this sentence remained the same after the appeals process.
- The disturbance of religious peace conviction was added during the appeals process, but the court determined that it did not significantly impact the initial sentence handed down by the District Court.
- The Eritrean-Orthodox church community in Fulda, Germany, has had to endure ongoing disruptions and noise-related issues, some of which led to health problems, but the subsequent legal processes have yet to fully address these concerns.
