Long prison sentence confirmed for fatal shot at petrol station
Published: Monday, Mar 4th 2024, 12:10
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The prison sentence of 16.5 years for a now 40-year-old man for the intentional killing of an opponent is final. The Federal Supreme Court dismissed the man's appeal. The convicted man shot and killed a 30-year-old bouncer at a petrol station in Zurich in 2015.
The crime took place during a pre-arranged meeting between two rival groups. A colleague of the perpetrator took a revolver with him in case things got "dicey". He then actually fired once into the air, whereupon the rivals fled.
As they ran away, the now convicted man took the gun from his colleague and fired in the direction of the other group. He hit one of the fleeing men in the back. The man bled to death on the spot. This is the result of a ruling by the Federal Supreme Court published on Monday.
It dismissed the complaints of the 40-year-old Swiss national with Kosovan roots insofar as they were sufficiently substantiated. The Federal Supreme Court did not address the argument that there were indications that a third party was the perpetrator, as it merely repeated the statements made in the proceedings before the Zurich judiciary.
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However, Switzerland's highest court upheld the appeal of the colleague who was found guilty of aiding and abetting and violating the Weapons Act by the High Court. The Federal Supreme Court overturned the conviction for aiding and abetting.
Contrary to the opinion of the lower court, the man did not have to assume that his colleague would take the weapon and shoot at the opponents. He had not intentionally contributed to the crime, as required for a conviction for aiding and abetting.
The case now goes back to the High Court, which must decide anew on the sentence for the remaining offense against the Weapons Act. (Judgments 7B_284/2022 and 7B_285/2022 of 8.2.2024)
©Keystone/SDA
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