Dielsdorf District Court sets Brian free on Friday
Published: Wednesday, Nov 8th 2023, 12:40
Updated At: Thursday, Nov 9th 2023, 00:54
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Brian will be set free on Friday at 10 am. This was decided by the Dielsdorf district court. Over the next two days, a "reception room" must now be set up for the 28-year-old, with accommodation, a social worker and a daytime structure.
"After many years, a new chapter is opening. We are ending Brian's imprisonment," the judge said at the sentencing hearing on Wednesday. "We invite everyone who cares about Brian to look after him and accompany him."
It will not be easy for him to prove himself in this situation. "Brian must be aware that new acts of violence could lead to him being imprisoned again." The court also banned Brian from approaching Pöschwies prison and from reporting to the prison staff in any way.
Relatives and his lawyers must now create a "reception room", as the judge put it, until the end of his preventive detention on Friday at 10 am. The 28-year-old needs a social worker, an apartment and a daily structure.
His career ambition is still to become a professional boxer. He has already drawn up a training and nutrition plan for this. "Brian only punches in the boxing ring. Outside the boxing ring, Brian never punches," the judge clarified the aim of the "reception room".
"His behavior was not correct"
Although at first glance the decision appeared to be the same, Brian was not acquitted on Wednesday. "His behavior towards the prison staff was not correct. This will be sanctioned," said the judge. However, the sentence must be much lower than that demanded by the prosecutor.
The prosecution demanded a prison sentence of 9 years and 7 months for around 30 attacks on employees and damage to property in the Pöschwies prison. However, the Dielsdorf District Court has now only imposed a sentence of 2 years and 6 months as well as a fine.
The most serious offense for which Brian was charged was throwing a shard in the direction of a supervisor standing behind a slightly open door. The prosecutor considered this to be attempted grievous bodily harm, but the court did not consider there to be intent to injure and acquitted Brian of this charge.
However, he was convicted of simple assault, damage to property, threats and violence and threats against authorities and officials.
Security detention no longer displayed
Continuing his preventive detention in Zurich prison was out of the question for the court. Since Brian was no longer in solitary confinement in Pöschwies prison but in Zurich prison, he had shown "generally good behavior". Security detention was no longer indicated and had to be ended within 48 hours.
In addition, the sentence, which should ultimately become final, has almost been served. If the public prosecutor goes ahead with the verdict from Dielsdorf, which is almost certain, two Brian proceedings will then be pending at the Zurich High Court. These are likely to be combined into one case because they are identical in content.
The first trial, which is still pending, also involved assaults on prison staff and damage to property. "Brian's previous sentence of 73.5 months is probably close to the expected total sentence for both proceedings," said the judge. In short: there should be no sentence left for him to serve.
Public prosecutor reacts contritely
The public prosecutor reacted contritely to the lenient sentence. He is now filing an appeal and is examining the further appeal, he said. However, he has decided against an immediate appeal against the end of the sentence.
He did not want to keep Brian in prison for as long as possible, he said. "But it would have been better to prepare his life in freedom for longer than just 48 hours." After all, the safety of the public was also at stake.
©Keystone/SDA
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