In the end, in addition to the comprehensive and unconditional confession, it was above all the positive feedback from his guardian that saved a 34-year-old from going behind bars. This time, the man with many previous convictions and experience of crime was in the dock at the district court in habfurt for resisting law enforcement officers. The man, who lives in the neighboring district of bad kissingen, was sentenced to eleven months’ imprisonment on probation.
The crime took place on 23. December last year, one day before christmas eve. The habitual drinker had quenched his thirst during the day, according to his own statement, with ten small 0.33 bottles of beer when he showed up at his girlfriend’s apartment in the evening. But that was not the end of the story, because here it went on like this. In a short time he drank another five to six 0.5-liter bottles.
At that time, his younger sister was in his girlfriend’s apartment. With this one he got himself in the wool. Why, the accused can no longer remember today. In any case, there was a lot of shouting and banging in the evening, so that a neighbor alerted the police.
Shortly thereafter, a patrol car arrived at the scene in the main valley in habberge county. The two policemen rang the doorbell and when the door was opened, the visibly drunk auber was on the edge of his seat. One of the officers on duty at the time recalled that he jumped onto the bed with a beer bottle in his hand and threatened the police. "If you come in, I’ll hit you with a baseball bat and an iron bar", he shouted angrily. The two uniformed officers took the threat seriously and left the room to radio for backup. With a frenetic shout of "sieg heil" (victory) the drunkard celebrated his supposed triumph.
Only when eight police officers were on the scene did the 34-year-old slowly give in. In handcuffed condition he was transported to the police station in habfurt. One at 22.37 o’clock taken blood sample still showed 0.9 per mille. According to the medical examination report, the accused did not show any signs of gross mental deficiencies. As a so-called mirror drinker his body was obviously used to the constant alcoholization.
His girlfriend at the time, who has two of his children, confirmed on the witness stand that the casual laborer very often reached for the bottle. His condition on the evening in question was "actually normal" had been, she said. "He is doing much worse", she reported. In the meantime she has separated from him.
When the accused was given the opportunity to comment on the accusations, he said somewhat contritely: "it’s all true." Willingly he described everything he still remembers today. "I was in an alcoholic stupor and, in german, I built a window", was his confession.
When the criminal record was read out, it was learned that he had already been before the cadi seven times for bodily injury. He was already imprisoned twice. The last conviction took place on 21. February this year for a cause long in the past.
What his current custodial aide carried out tipped the scales in favor of a custodial sentence. The padagogue has been looking after his protege since the beginning of this year. He appears reliably and punctually at the agreed appointments, usually accompanied by his new partner. This appears to be a very positive influence on him. The counsel further explained that the accused regularly attends an anti-violence training course, that he attends addiction counseling and that he has drastically reduced his alcohol intake.
Referring to these words, public defender norbert reiter was convinced that his client "will be a better member of our society in the future" his will. He considered a custodial sentence of six months to be sufficient. The public prosecutor, on the other hand, demanded a one-year prison sentence "without" in view of the impressive criminal record and the rapid rate of recidivism.
In her ruling, magistrate ilona conver emphasized that the question of preservation was "point to point" had been. The "cautiously optimistic positive social forecast ultimately tipped the scales. In addition to the custodial sentence, the convicted man must fulfill numerous conditions: first, he must pay 300 euros to the foundation of the german police union; second, he must continue to work with the custodian; third, he must regularly attend addiction counseling; and fourth, he must continue to complete the anti-violence training course. The ruling is not yet legally binding.