Case in prison

Two-time manslayer stood trial again

The two-time manslayer (center) before the trial.

(Bild: Attila Molnar, Krone KREATIV)

A 49-year-old man who stabbed a neighboring couple with a sharp iron bar in Leonding in February 2016 stood trial again in Krems on Friday. The Upper Austrian was charged with attempted resistance to state authority following an incident in Stein prison.

The single judge hearing focused on events from 2 June 2023, when the now 49-year-old was supposed to have been transferred to another ward in Stein correctional institution, but is believed to have refused. Defense lawyer Andreas Mauhart argued that his client was not enthusiastic about the new accommodation after a series of previous transfers because, as a non-smoker, the man did not want to be in a smoking cell.

Threat of violence
According to the Krems public prosecutor's office, the accused subsequently said to a prison guard: "I'm not going into a communal detention room. You can do what you want there." The 49-year-old is also quoted as follows in the criminal complaint: "If I have to go in there now, I will use violence against whoever opens the door to the detention room and I will also tear the bricks out of the wall if I have to in order to get out of the detention room."

The statement was interpreted by the prosecution as a threat of violence and an attempt to prevent the officer from carrying out his official duties.

The 49-year-old in conversation with his lawyer Andreas Mauhart.

(Bild: Attila Molnar, Krone KREATIV)

Statements yielded little of substance
The first day of proceedings in the case took place on January 30. The wording given was essentially confirmed by two people at the time. The trial was adjourned for the first time for the questioning of two further witnesses. On Friday, the questioning of a fellow inmate of the 49-year-old and a prison guard yielded little of substance. The latter was not present at the incident, the detainee only in passing. The man, who works as a houseworker at Stein correctional facility, said that his comments were drowned out by other noises. After all, it's "not that quiet" in a cell house: "It's like being in a zoo."

Administrative fine already paid
The defendant can "certainly imagine" that the prison officer allegedly involved in the statements misunderstood something and possibly only listened "with half an ear". He had "possibly expressed himself misleadingly".

The now divorced family man argued that he had already received a fine of 20 euros in connection with the incident. According to the single judge, this must now be collected and checked by the next trial date in order not to violate the ban on double jeopardy. The trial was adjourned indefinitely.

Years of dispute between neighbors
The bloody deed in Leonding, for which the 49-year-old is serving his sentence, caused quite a stir in 2016. It was preceded by a years-long dispute between neighbors. When the man saw the retired couple on the street in February, he first kicked them, then grabbed an iron bar from a nearby building site and stabbed them several times. The 74-year-old and his 72-year-old wife died in hospital.

He is due to be released in August
The Upper Austrian was sentenced to seven years in prison for manslaughter by the Linz Regional Court. The sentence was increased to nine years by the Linz Higher Regional Court in an appeal hearing. According to defense lawyer Mauhart, the 49-year-old was first sent to Garsten prison and then to Stein prison via Linz. The man is due to be released in August.