Michael busch the gas station owner is upset. "Yes, I know him!" His face darkens when he looks at one of the three defendants. "I liked him, that’s why I hired him." The man looks down. "I liked him and wanted to help him!" Now the likeable 30-year-old man is sitting with two other defendants in erlangen district court under the presidency of wolfgang pelzl.
The gas station operator would have been even more shocked if he had heard the indictment. Because the public prosecutor had presented two indictments with several offenses a good two hours earlier. The 20-year-old main defendant played only a minor role in the accusation of theft from a gas station in erlanger bunsenstrabe. He assisted in the robbery of 13,500 euros from the safe. All the agitated gas station owner knew about him was that "I kicked him and his girlfriend out of the gas station". He had been unsympathetic to him.
But this was not due to the fact that he was active in the burglary. He had told the "sympathetic man" that he was the one who had to pay the debtor helped in 2017. He was, because of the misinterpretation of the gas station attendant in relation to the sympathy, employed there as a temp.
Safe simply unlocked
After just three weeks, he took a chance to copy the keys to the main entrance and the safe. The owner had given him the whole bunch of keys because of a car ride. "I gave him everything."
Together with the main defendant, he sneaked into the gas station after closing time, stole the money from the safe and then smashed a stone from auben against the shop window in order to fake a violent burglary. 500 euros went to the willing helper.
But then he had completely different, much more serious problems in court. For the young man was obviously a highly explosive mixture, if he had taken drugs or needed some. "He has been smoking pot since he was 13 years old, and it has laid the foundation for his life, explained his public defender thomas skapcyk. In the last two years, things went round and round.
The prosecution started with the incident at the gas station. He was then accused of helping to collect drug money together with the third defendant is accused of having beaten up. The victim had to be treated for bumps, head injuries and bite wounds. 200 euro had to withdraw this, which this did not do however. That is why he was stopped and severely maltreated when he tried to escape.
More serious was then an argument at mountain times in june 2019. At the burgermeistersteg it came with participation of the accused to a common heavy bodily injury. The victims suffered much more than bruises. Bite wounds, unconsciousness, a fractured cheekbone, a two-day stay in hospital, several weeks of incapacity for work were the key words mentioned during the reading of the indictment. The trial against a part of the involved will take place in june.
But that’s not all, the last charge involved domestic violence. In the past, the 20-year-old had repeatedly attacked his girlfriend in his former relationship. First with fisticuffs, then with a telescopic baton. In another case, he strangled the girl and put a pillow over her mouth.
Last but not least, there remained one charge: the man had carried marijuana with him at a youth club in erlangen in 2019, some of which he wanted to consume himself and some of which he offered for sale.
At first glance, the proceedings seemed to take their time, with two trial dates set by the judge. But after the reading of the indictment, one of the attorneys asked for a statement. An opportunity for the parties to discuss the outcome of the proceedings, under certain conditions. This "deal" is carried out under exclusion of the public.
Last chance for the hothead
And in fact, a settlement was reached. All three defendants subsequently made full confessions via declarations by their attorneys. For the court, this means that costs can be saved, there is no need for a thorough examination of the evidence, and witnesses do not have to be subjected to questioning. Only the gas station attendant was to be heard again, as a "small matter", namely the amount of the stolen money was to clear. About 13 000 euros said the gas station attendant and his wife, who is listed as the leaseholder of the plant, 9500 euros says the defendant. However, it is no longer clear exactly what happened.
The gas station robbery would also have been difficult to clear under the circumstances. In this case, however, the main defendant had incriminated the person mainly responsible for the theft with his testimony and confession. Judge wolfgang pelzl could not quite help smiling when he explained that this mutual incriminating within the groups runs crosswise. The now incriminated had saved in another procedure namely his skin also with an incriminating statement against further criminals.
Due to the previous agreement, the scope of the demands in the prosecutor’s and lawyers’ pleadings was limited. Naturally, the lawyers demanded to leave the frame at the lower edge, while the state representative tended to the higher penalties.
The schoffengericht then does not always decide in favor of the middle way. Wolfgang pelzl announced on behalf of the people that the two co-defendants would each receive one year’s probation. For the gas station robber, however, a total penalty was formed, since he was already incriminated by another procedure. He faces two years in prison if he violates his custody conditions – including restitution of damages in the amount of 10,000 euros.
The assistant in the collection of drug money received one year and three months, also with a term of three years. He was also told by the judge during the sentencing: "it is certainly not smart to carry out such an act in the rooms of a savings bank, where there are many cameras.
The main defendant received, in addition to the penalty of two years in prison, clear words and warnings along the way. For he received a so-called pre-trial detention. "If you don’t manage to get a place in therapy for drug withdrawal within the next six months, if you don’t manage to get the job you’ve already been offered, or if you circumvent the contact ban with the people I’ve named, you’ll go straight into the penal system." Pelzl said that in case of a positive development and the corresponding commitment of the offender, he could still be given a custody.
The first test of his mettle will come at the trial in june, when he will have to testify against former criminal friends. "That will show what kind of man you are", pelzl gave a warning.