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An 18-year-old girl and her 21-year-old friend were sentenced on Tuesday at the Feldkirch Regional Court for gross negligent homicide, four or five months in prison, and unconditional fines. The two had left in August 2017, the sleeping son of the woman in the car and had fallen asleep in the apartment. The 20-month-old boy died of overheating.
Couple is asleep
The sentences are not final. The then 17-year-old woman and her boyfriend, who is not the father, were on August 15, 2017 with the Styrian toddler back in Vorarlberg. When they arrived at the residence of the man in the neighborhood of Bludenz in the late morning, the boy had fallen asleep on the child seat. Because the couple did not want to wake the child, he left the boy in the car, parked under a shady tree. The two wanted to catch up with the child a few minutes later, but fell asleep in the apartment after the exhausting workout.
When they woke up around 9:30 pm that night, the friend immediately ran to the vehicle. But the boy was already dead, according to the indictment, he was exposed to direct sunlight from noon to 5 pm – that day, Bludenz's thermometer showed 30 degrees to the 39; shadow. The sun had changed at noon, and the car was thus under the hot sun. The man immediately alerted the emergency services and started resuscitation, but all measures were in vain. The parking space of the car was not visible, so that the sleeping child could not notice anyone. An autopsy revealed that the boy had died as a result of the heat effect
Behavior regrets
In court, the two accused claimed to have opened the window of the car 20 centimeters wide and regretted their behavior . Judge Richard Geschwenter acknowledged that his recklessness had led to the death of the child, but also pointed out that it was often a small negligence that caused disasters. However, they had to expect to fall asleep after a long walk in the heat, all the more so as they had been lying on a bed in the cool apartment, the judge did to be worth. The verdict of guilty was therefore due to a gross negligence homicide. The wife was sentenced to four months in prison suspended, plus 1,000 euros fine, which limits the young worker to five months under conditions and to 3,600 euros fine, both requested. The woman was at the time of the minor incident, for them was juvenile justice.
Gschwenter also appealed not to convict the defendants morally. "Those who ask for a higher sentence should ask if they were not lucky if they did not take care of their child for a while," said the judge. . The young couple and his biological father are still mentally supported a year after the accident.
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