The older man was accused of bodily harm resulting in death because he allegedly injected the woman with morphine. The court issued a ruling of incompetence.

The 29-year-old, who according to his own statements has been addicted to drugs for many years, is said to have first dissolved the morphine tablets and then administered the drug to the 22-year-old in the crook of her right arm. When the woman fell backward and lost consciousness, neither he nor the 19-year-old, whom the older man had injected with heroin at his request, reportedly reacted properly. The younger man left the apartment to get naloxone - an antidote for opioid overdoses - from a night pharmacy, while the older man went home or to his girlfriend after what he estimated to be 20 to 30 minutes, without further attending to the unconscious woman.

He claimed before a jury that he assumed the 19-year-old had already called for an ambulance and that it was on its way. According to a forensic report, the woman died from central respiratory paralysis.

Ruling of Incompetence, Case Goes to Jury

The court ultimately issued a ruling of incompetence. The panel assumed that the 29-year-old had a position of guarantor and was obliged by active action to prevent the young woman's death, which occurred due to his omission. Now a jury must determine whether the man, who has eight prior convictions for drug offenses, knowingly accepted the woman's death with his actions and is therefore responsible for murder by omission.

The decision is not legally binding. The two men remain in pre-trial detention for the time being.

"It was a drug party, you could say"

As the 29-year-old described, he had met the young woman, whom he knew well, on October 22 in the area of Gumpendorfer Straße. In a nearby park, they consumed benzodiazepines, crystal meth, and other substances: "It was a drug party, you could say." Eventually, the 22-year-old took him to an apartment, where the 19-year-old - a close friend of the woman - also arrived. The three of them continued to consume.

The 29-year-old denied injecting morphine into the deceased. "She was shaking so much. Because I felt sorry for her, I placed the needle. She pressed it herself," he stated. He regretted doing it: "I never believed it would come to this." When the woman suddenly lost consciousness and showed no reaction, he sent the 19-year-old out to get help. His phone battery was dead.

29-Year-Old Had "Fear That My Medications Would Be Taken Away"

When asked why he left the apartment, the 29-year-old replied: "I was so in shock and there was such panic in me." He relied on the younger one to return with the rescue: "I was so under the influence of drugs that I couldn't think clearly." He "went out because I was afraid that my medications would be taken away."

The 19-year-old pleaded guilty to failing to provide assistance and otherwise exercised his right to remain silent. "He had a huge shock. He panicked," said his legal representative. It was "a crazy idea" to wander through the city in search of a night pharmacy.

The relatives of the deceased woman have joined the criminal proceedings as private parties. Lawyer Sascha Flatz claimed 42,000 euros for the mother and 5,000 euros for the sister.

(APA/Red)

This article has been automatically translated, read the original article here.