Report: motorcycle haters in court

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Report: motorcycle haters in court
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Report: motorcycle haters in court

Motorcycle haters in court
Batten & fury

A Flensburg point was missing, and an Odenwald man would have had to go to jail for his roof batten attack on four motorcyclists. So there was probation.

Michael Schumann

05/08/2013

At a biker meeting, Mario S. (49) would hardly be noticed at first glance: black carpenter’s jeans with silver buttons on the side, a white lace-up shirt in the middle-aged look, and a black leather vest over it. The Odenwalder sits in the dock on a rainy Thursday morning in Room 128 of the Michelstadt District Court. In a conversational tone, he tells his lawyer what he’s been doing lately: selling ice cream from a self-restored VW bus from the junkyard. Mario S. takes no notice of Christian Schulz and his two friends, who have taken their seats in the auditorium. It was they who reported the painter who had been unemployed for two years.

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The allegations that Chief Public Prosecutor Erwin Albrecht raised against him weighed heavily: Out of blind anger at motorcyclists in general, Mario S. is said to have thrown a batten out of his garden at four bikers when they were on a country road in the early evening of July 25, 2012 Drive past the property of his apartment building. The wooden slat, the four men invited as witnesses later unanimously report, hit the first driver, a driving instructor, on his helmet and shoulder. Then she crashed into the front wheel of the learner’s Suzuki Bandit 600, following the instructor, and lay on the road. The two rear drivers in the group of four were not hit. “You created the imminent danger of a serious accident,” the public prosecutor rants and adds: “When the motorcyclists stopped, you shouted: ‘You should die, you wankers, die everyone, then it’ll stop!”

After the strong expressions, there is a short silence in the room, then the presiding judge Helmut Schmied asks the accused whether he would like to comment on the allegations. Oh yes, he wants, and like: “The motorcyclists threaten us, there have always been incidents, but I can’t remember this individual.” the judge said: “Do you really understand what this is about? It doesn’t do us any good if you vent your anger at motorcyclists here. You can be convicted of attempted murder here.“After a brief exchange with his lawyer, Mario S. refuses to make any further statements.

One by one the chairman then calls the four motorcyclists into the hall as witnesses. They describe in different words, but largely congruent in terms of content, first the throw, then what happened afterwards: After a downhill stretch, on which Tempo 70 is permitted, the four, driving instructors and learner drivers in the front, rolled past Mario S.’s garden – more slowly than 70, if only because of the learner driver.

Then the batten came flying, but did no damage. Basically, none of the four had understood exactly what had just happened. To clear this up, they stopped, turned and drove back. In the street there was a charred piece of wood, still smoking slightly, next to it a yellow rag, it smelled of alcohol or gasoline. What exactly, nobody wants to commit to in court. From the saddle of his BMW S 1000 RR, driving instructor Patrick Ambiel finally asked Mario S., who had appeared in the driveway with another roof batten in his hand, whether something had “accidentally” flown out of his garden. Meanwhile, Fireblade driver Christian Schulz dismounted and took off his helmet. “That’s what you do when you talk to someone,” he says. But there was no talking to Mario S., who raged and insulted the four: “Coincidentally? Ha, you assholes rush by here all the time at 180, you wankers, that stop now! Kill everyone, then it will stop! ”All four witnesses agree on this.

When the situation threatened to escalate, Christian Schulz called the police on his cell phone. The officer wanted to know if anyone had been injured. When Schulz said no, the policeman said it would take 45 minutes for a patrol car to arrive. Wait that long while someone faces you with a stick in hand? No. Before they drove on, Christian Schulz took a few photos of the street, the piece of wood, the garden with his cell phone. “If you come by here again, it will be your last time!” Mario S. is said to have shouted when he said goodbye. Two days later, Christian Schulz filed an online criminal complaint with the South Hesse police headquarters in Darmstadt. On the Internet, he described the incident as a warning in a Fireblade and Z-1000 forum.


Report: motorcycle haters in court


Schurmann

First he pelted her, then he insulted and threatened her: Motorbike hater Maria S. (blue shirt, shorts) from the Odenwald. In the foreground: the thrown roof batten.

It takes around seven weeks for Mario S. to be questioned by the police about the allegations. Opposite the two officers, who are also heard as witnesses, he again railed about motorcyclists, but denied having deliberately thrown the batten. Why it would have taken three quarters of an hour for a patrol car to be on site, one of the two lay judges asks the chief inspector on the witness stand. “Good question, that shouldn’t happen, but it was Wiesenmarkt”, apologizes by pointing to the folk festival that took place at the same time. The presiding judge picks up the thread: “Now we don’t have the stick as evidence, and we don’t have a blood sample either, but actually I didn’t want to open this barrel.”

Was Mario S. sober or drunk at the time of the crime? Not clear. Was the lath perhaps even intended as a burning torch? For senior public prosecutor Erwin Albrecht this is “ultimately irrelevant” in his plea. Either way, it is clear to him that Mario S. wanted to “intentionally cause a considerable risk of falling”. “There could have been deaths here. In general, motorcyclists are probably too fast and too loud there, “admits Albrecht, but categorically denies any right to vigilante justice:” Word has to get around that you mustn’t harm anyone or force them to stop! “Mario S. is clearly the right person for public prosecutor Albrecht Guilty of a crime of dangerous interference with traffic.

According to the law, there is a minimum sentence of no less than one year in prison. Because the defendant has shown no remorse in court, Albrecht demands a year and a half, suspension to three years probation, plus 200 hours of community service. Mario S.’s defense attorney pleads for acquittal, as nobody saw the actual litter and thus testimony against testimony stands.

The verdict, which Judge Schmied reads after almost 15 minutes of deliberation, does not surprise any of the trial observers: one and a half years in prison for dangerous interference in traffic, attempted bodily harm and insult, suspended for a three-year probationary period. The judge increased the charitable work from 200 to 300 hours. He says that he only pronounces probation “with a stomachache”. It exists because Mario S. had never been noticed by the police before and did not even have Flensburg points.

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