"The Darkest Day"

Trial Over Killed Cat Ends with Acquittals

The four defendants before the trial began: The killing of the tomcat “Schmotzer” was a case for the court.(Bild: Krone-Collage/privat, Christian Forcher)

On Tuesday, four alleged animal abusers—who are accused of brutally killing the cat “Schmotzer” in late April in Brixen, Tyrol (Kitzbühel district)—stood trial. At the same time, animal rights activists gathered in front of the Regional Court in Innsbruck for a vigil. By around 10:30 a.m., a verdict had already been handed down: acquittal! 

According to the Penal Code, anyone who brutally mistreats an animal, inflicts unnecessary suffering on it, or wilfully kills a vertebrate is guilty of animal cruelty. However, the judge found that, in the absence of proof beyond a reasonable doubt, this was not the case, as stated in the reasoning for the verdict.

No animal abuser would use a bolt gun to torment an animal, the ruling’s reasoning stated in detail. In any case, an expert was unable to determine whether the animal was still in pain when it was struck with the shovel. Even if it had still been in pain, the defendants could not be accused of torturing the animal, the judge ruled.

One had to believe that the cat had been found injured. At the very least, there was no evidence to the contrary. According to their own statements, the men wanted to put the animal out of its misery. One of the defendants, a butcher, had the bolt gun in his car because he had previously slaughtered a goat. The acquittal on the charge is already final.

In one case, a diversion was granted for coercion because the individual in question allegedly threatened someone who wanted to go to the police.

Vigil in front of the Innsbruck Regional Court(Bild: Peter Freiberger)

Outcry of horror far beyond Tyrol
A look back at late April: Several young men are alleged to have attempted to kill a tomcat with a bolt gun in Brixen im Thale. While the animal was still alive and twitching, one of them apparently beat the cat with a snow shovel—accompanied by laughter and tasteless comments. Finally, the animal’s throat was slit. One member of the group filmed the incident. The video went viral, and the case came to light.

The incident sparked an outcry in Tyrol unlike anything seen before, one that reverberated far beyond the region’s borders—and not just from animal rights activists! Even the Brixen region itself was subjected to brutal hostility. One of the perpetrators lost his job, and various organizations responded by expelling him.

Call for a Vigil for “Schmotzer”(Bild: Privat)

Hate toward the four men from the Unterland region erupted, particularly on social media, and an existing petition calling for harsher penalties for animal cruelty skyrocketed in support. Vienna-based animal rights attorney Sascha Flatz sought to represent “Schmotzer’s” alleged owner in court—but the request was denied. It was claimed that the woman had merely cared for the animal.

They faced up to two years in prison
On Tuesday, things got serious for the defendants, aged 16, 19, 20, and 25. They had to answer for their actions in court. Theoretically, all of them faced a prison sentence of up to two years. The defendants entered the courthouse through a side entrance. Meanwhile, animal rights activists held a vigil outside the state court.

The video went viral—and ultimately led to the identification of the perpetrators.(Bild: Johanna Birbaumer)

Animal rights activists gathered
Several Facebook groups had called for a vigil for “Schmotzer” in front of the Regional Court on the day of the trial between 8:30 a.m. and 11:30 a.m. They wanted—as they emphasized objectively—to demand stricter penalties for animal cruelty and to commemorate “Schmotzer” and all victims of animal cruelty.

Trial Held Behind Closed Doors
Before the trial began, the decision was made that had already been anticipated. At the defense’s request, the trial was held behind closed doors due to the age of the defendant.

The Darkest Day for Animal Welfare
Horror reigned among the activists outside the State Court after the verdict was announced. “This is the darkest day foranimal welfare,” said one activist.