Accident during training

Police officer shoots colleague: state demands recourse

A picture of the trial at the time(Bild: Sepp Pail)

A Styrian officer shot his colleague during training because he forgot to swap his service weapon for a training pistol. The parents of the deceased demanded compensation from the state, which in turn reclaimed a portion from the convicted man.

It is a story that life could not have written any worse: During operational training, a Styrian police officer and instructor forgot to swap his service weapon for a harmless training pistol. In order to underline the seriousness of the situation to his colleagues during the simulation of an operation, he pulled the trigger - and shot a young officer.

Remorseful and confesses
The story is well known. It is also known that he stood before the criminal court in Graz in May 2023 for gross negligence manslaughter, was deeply remorseful and confessed. Six months suspended and a fine - that was the verdict handed down by Judge Andreas Rom, who closed the hearing with the words "Based on my decision, you can remain a police officer".

And that is now the case. The convicted man works in the administration of the Styrian Provincial Police Directorate. He no longer conducts operational training. But the consequences were of course even more far-reaching: the parents of the deceased demanded compensation from the state. From the state because it is liable for its officers.

State recovers part of the damages
The state, in turn, wanted to reclaim part of the damages incurred from him. "This is possible in cases of serious culpability," explained the convicted man's lawyer, Andreas Kleinbichler.

This last legal act in this matter was important for the accused in order to at least find closure in this respect.

Beamtendienstrechtler Andreas Kleinbichler

The Financial Procurator's Office demanded a one-off payment of 30,000 euros and further lifelong costs associated with the death of his colleague. Too high for the lawyer, as decisions of the Supreme Court regulate compensation for pain and suffering.

In the end, a payment of 12,500 euros was agreed. The police officer can now close the criminal and financial chapter. The psychological burden remains.