The regional court of munich I sentenced the seller of the gun used in the rampage of 2016 to seven years in prison. On friday, the judges found him guilty of involuntary manslaughter in nine cases and illegal arms trafficking.
The 33-year-old philipp K. From marburg had sold the gun to the juvenile tater, who on 22. July 2016 at munich’s olympia-einkaufszentrum (OEZ) nine people and then himself shot dead. For the first time, an illegal firearms dealer is being held responsible for selling a firearm for an act in which he himself was not involved.
The 33-year-old from marburg (hesse) said in his closing words before the verdict that he wanted to express his condolences to the relatives and surviving dependants. "I’m incredibly sorry for what happened"." At the beginning of the trial, he had admitted to selling the pistol type glock 17 and more than 450 rounds of ammunition to the 18-year-old amok guard david S. To have sold.
The court’s verdict largely followed the prosecution’s request for seven years and two months. However, opinions about the defendant’s guilt were far apart: the defense had pleaded for three and a half years and rejected the charge of involuntary manslaughter. Philipp K. I could not have known that the mentally ill david S. Would be the one to commit the crime. Will go off with the gun and shoot children, according to the defense.
The defendants and their lawyers, on the other hand, even considered him an accessory to murder; they believe that the defendant could have known about the murder plans. One of their lawyers, yavuz narin, has already filed an appeal against the verdict, while others still want to talk to their clients. The defenders also did not want to commit themselves yet.
The 18-year-old shooter david S. Had the pistol type glock 17 and at least 450 rounds of ammunition with philipp K. Personally picked up in marburg. The two, who were united by right-wing extremist sentiments, had found each other via the darknet. In this hidden part of the internet, k had. Offered his weapons under the alias "rico" since 2012. He was therefore also found guilty of violating the weapons act and the war weapons control act.
The court had to examine whether the defendant might have been involved in the rampage on 22. July 2016 was involved and jointly responsible, said the presiding judge frank zimmer. The entire case has been meticulously investigated, not least in order to counteract the creation of legends, as was the case after the right-wing extremist and still unclear munich oktoberfest attack of 1980.
"The murderer was S.", said zimmer. "Just as undoubtedly, the ammunition and the weapon came from K., who is not the murderer."The defendant could not be proven to have known about the planned crime. "There is no evidence for the assumption that the murderer, who was a secretive lonely person, had informed any third party about the crime"."With this he had probably endangered his amok run, which he had been planning for a year. K. I even asked the purchaser not to build a "disk" with the weapon. He had not wanted "that he commits with it a mass murder" .
The victims of the rampage were mainly young people with a migration background. The victims, on whom the mentally ill david S. Purposefully fired, resembled peers who had bullied him for years. Zimmer also saw the motive of the revenge. Unlike the police investigators, however, he came to the conclusion "that the act was motivated by racism and xenophobia". It could no longer be determined why david S. Came to his view.
The defendant had also been of right-wing radical opinion. He was "a convinced follower of the fuhrer and the third reich". He has been extremely abusive to foreigners, calling them muslim rats and stupid turkish children – and is therefore undoubtedly a racist."Nevertheless, this was not taken into account in the verdict, since the right-wing extremist attitude was not related to the deeds. "We do not have a criminal law of the mind. With us there is no punishment of the world view."
The court evaluated in favor of the accused that he was confessed from the beginning and assisted the police in the clarification and gave tips that led, for example, to the arrest of partners from the darknet for example. In addition, he had regretted the act. On the other hand, he had acted very professionally, for example when hiding the weapons in a box at the freeway junction koln-ost.