Detention after pepper spray attack MMH
- By sennenqshop/li>
- 436
- 02/12/2022
A Pole who stole a games console in the city center was sentenced to 33 months in prison on Monday afternoon. His defense attorney announced that he would appeal.
Uhr•EisenhüttenstadtAn article by Frank Groneberg
When the presiding judge announced the verdict after five hours of hearing, Jacub Kamil M. was visibly shocked. So far, the 26-year-old man from Malowice, a small town in south-west Poland, has followed the hearing before the 3rd Criminal Chamber of the Frankfurt (Oder) Regional Court very calmly, always with a slight smile on his face. Now his smile is gone. The young Pole struggles to keep his composure and fights back tears. That he should go to prison for two years and nine months for stealing a games console worth 299 euros, without parole - he certainly did not expect that. He is convicted of aggravated theft in combination with serious bodily harm. "That was stupid," he repeatedly emphasized during the trial. "I'm not a bad person, something like that will never happen again." But Jacub M. is no stranger to shoplifting when he entered the Euronics XXL store at around 5 p.m. on December 12, 2012 to steal something that he could resell in Poland. In September and October 2012 he was caught stealing from Praktiker, Real and Marktkauf and stole a surveillance camera, perfume and a pair of sports shoes - allegedly to impress a friend. He wants to sell the sports shoes. The district court in Eisenhüttenstadt imposed two fines, which he initially did not pay and which he was allowed to serve for 70 days from February of this year. The second of these penal orders will be issued on November 20 - three weeks later the Pole will go on the prowl again. He testified in court that his parents had asked him to transfer 400 zlotys (about 100 euros) home immediately, after all it was almost Christmas. Jacub M. has just been working for a month on a construction site in Berlin - black, as always in recent years. The client still owes him the wages - not a new experience for the young man either. He goes to the electronics store, puts a game console in the basket, goes to the checkout, puts the basket away and runs away with the stolen goods. A cashier and the market owner immediately give chase in the city center. The Pole pulls out a can of pepper spray and sprays it all around. A little later, a witness stands in his way. He sprays the pepper spray directly in his face, they both collide and fall. The store manager falls on the two and together with another Euronics employee he manages to arrest the thief. They take him to the market and chain him to a lattice. The police picked up the Pole 45 minutes later - the officers had previously been involved in a mass brawl in the ZABH. It is the use of pepper spray that turns simple theft into a robbery offence. Because Jacub M. uses the spray to defend his stolen goods. The legislature provides for a prison sentence of between five and 15 years for aggravated theft. The court assumes that the case is less serious and credits the 26-year-old with the confession. And it doesn't see pepper spray as a weapon, but as a dangerous tool. The spray will play a major role in the appeal for revision. Lawyer Maximilian Zarembski criticized that it was not sufficiently clarified whether it was a dangerous knockout spray or a comparatively soft CS gas; the court rejected a corresponding request for evidence. The serious bodily harm is also in doubt, since several people reported irritation from the gas, but nobody went to the doctor.
