German convicted

Refused to race: Viennese (19) hit by car

More than two years later, the man from Berlin (33) is now standing trial for the second time in Vienna.(Bild: Krone KREATIV)

For the second time, a Berliner is on trial in Vienna: first he attacked a 19-year-old with a baseball bat, then hit him with his car - all because the Viennese refused to take part in an illegal street race. Because legally there is probably more to it than attempted assault, the case is being retried. 

"He asked the victim to take part in a street race. But he refused. The defendant then, to put it bluntly, started to make fun of him," says the public prosecutor, describing the beginnings of what ended for the Berlin man before a panel of lay judges at the Vienna Regional Court.

Victim made fun of BMW
The 33-year-old was visiting the capital with his two cousins. They met the later victim at a petrol station in Stadlau in Vienna-Donaustadt. "I liked his car, I'll be honest. It was a nice car. I was driving an old BMW," said the German in the dock. "But then he talked disparagingly about my car and I said, let's go racing. Even if my car is a piece of junk, it's faster." The 19-year-old refused. 

That didn't seem to suit the 33-year-old at all - "Why did I get out with the baseball bat? I don't know, totally stupid," he admits. In any case, he hit the younger man with it, hitting him in the head. The Vienna public prosecutor's office initially charged him with attempted grievous bodily harm. In March, he had to appear before a single judge - but the judge ruled that he did not have jurisdiction; the "Krone" reported.

"He deliberately ran me over"
The new charge: attempted grievous bodily harm with intent; a panel of lay judges decides. However, the client of lawyer Rudolf Mayer pleads not guilty: "If I had wanted to hit him, then the gentleman would have been injured." - "But he was", the judge notes - "I've been playing baseball for years. I mean a broken skull."

It was only thanks to the friend that the scene ended lightly.(Bild: Krone KREATIV)

But the fight was far from over after the punch: the defendant got into his car and rammed the then 19-year-old head-on as he drove off. "He deliberately ran me over," said the victim, represented by Rafaela Goj from the law firm Sascha Flatz, on the witness stand. However, the Berlin man denies this: "It all just happened so quickly. I didn't really look at it."

Victim representative Rafaela Goj from the law firm Sascha Flatz(Bild: Anja Richter)

It was only thanks to a friend who held the boy when he was thrown over the windshield that his head did not hit the ground. The 33-year-old has yet to be sentenced.