26-Year-Old Shows Remorse

Fatal Boat Trip: Vorarlberg Man to Remain in Custody

The defendant appeared shaken.(Bild: Chantall Dorn)

Last October, a fatal boat collision occurred on Lake Constance. On Tuesday, before the Feldkirch Criminal Court, the 26-year-old defendant tearfully admitted his mistake: he had been distracted by his cell phone. In the end, he was sentenced to twelve months in prison, including for grossly negligent homicide, with eight of those months suspended. The verdict is not yet final.

The jury courtroom is packed to capacity; Judge Theo Rümmele has to ask several onlookers to step outside. Up front, in the defendant’s dock, sits the 26-year-old boat operator, shaken by sobs, weeping unceasingly as photographers take his picture. “I know this isn’t easy for you. There’s a great deal at stake,” says Rümmele sympathetically. The defendant merely nods silently. There is indeed a great deal at stake, as the charge is murder. But already in his opening statement, District Attorney Simon Mathis makes it clear that he cannot discern any intent: “I am not convinced that it was murder.”

A German Couple’s Happiness Shattered
What happened on that fateful afternoon is quickly told: beautiful weather, clear visibility, a calm lake. The defendant wanted to take three friends across from Hard to Konstanz—the last outing before putting his six-metric-ton motorboat into winter storage. A collision occurred with the sailboat of a German couple. The man saved himself by jumping into the water; his 57-year-old wife succumbed to her severe injuries. An expert report later confirmed: The motorboat was traveling significantly too fast; the sailboat, weighing only 600 kilograms, was literally pulverized by the projectile weighing several metric tons. Defense attorney Andrea Concin puts it plainly: “My client is responsible for this accident. But he is not a murderer!”

“I gave false testimony”
During his interrogation, the young man blurts out: “I gave false testimony at the first trial. I had trusted my lawyer at the time, and he gave me bad advice.” The background: At the first trial in April—when the charge was grossly negligent homicide—the 26-year-old had claimed that he had been steering the motorboat with full concentration at all times. That’s ultimately what landed him the murder charge: The judge’s reasoning at the time was that if he had been looking out at the lake, he must have seen the sailboat, and therefore the collision would have been intentional. 

Now the defendant is presenting a completely different version of events; in tears, he admits: He had been distracted by his cell phone, taking photos and chatting—and therefore wasn’t constantly paying attention to the lake. The victim’s attorney pressed him: “If you had been looking in the direction of travel, would you have seen the sailboat?” The quiet reply: “Yes, pretty sure.”

Widower’s Voice Fails Him
The hearing becomes particularly moving during the widower’s testimony. At first, he speaks calmly and quietly—until his voice breaks as he describes the final minutes before the collision. “I can’t,” he manages to say. The judge then reads the transcript of the testimony himself, including harrowing details of the desperate rescue attempts. After two hours of deliberation, the verdict is handed down: manslaughter by gross negligence, bodily injury by gross negligence, and negligent endangerment of physical safety. Twelve months in prison, eight of them suspended. The court also awards the bereaved family an additional 5,000 euros. The verdict is not yet final.