An early New Years Eve in 2024 in Leek will forever be etched in the memory of all involved. A man is walking his dogs with his partner. They encounter a group of young people who are setting off fireworks nearby. The man addresses them and points out the dogs. Ultimately, this confrontation leads to a scuffle with one of the young people from the group. The man receives a blow. After this scuffle, the man and woman walk for another fifteen minutes.
Upon returning home, he checks to see if everything is locked. The man then sits down on the couch with his partner. Suddenly, he starts breathing heavily. In an instant, he can no longer speak. Moments later, he dies at the age of 52, leaving friends and relatives behind.
Nightmare
The question that the Public Prosecution Service (OM) in Northern Netherlands poses to the court is to what extent the mans death can be attributed to one of the boys in the group, a now 20-year-old suspect from the municipality of Westerkwartier. His world has also changed since that night. What should have been a pleasant evening turned into a nightmare. The blow he allegedly dealt to the victim has – although unintentional – far-reaching consequences. The OM does not suspect him of deliberately causing the mans death, but of assault resulting in death. The prosecutor demands a community service sentence of 200 hours and four months of conditional imprisonment.
Striking
In the eyes of the prosecutor, it is clear that the suspect set off the fireworks. However, he did not do so intentionally in the direction of the victim, his partner, and the dogs. The prosecutor also states that the victim was understandably angry and aggressive. In response, the suspect reacts indifferently and brazenly. He walks away, after which the eventual victim follows him. Although the group tries to calm the situation, at some point the suspect strikes the man. This follows from multiple witness statements.
Attribution
In this case, it must be examined whether the victims death can be attributed to the suspect. It is clear that the victim had a serious heart condition. In such a condition, stress can lead to a deterioration of heart function. This makes it quite possible that even without the blow, the victim would not have lived to an old age. But that is not the issue here. The point is that the man died half an hour after the blow.
Stress
The prosecutor states that it is the suspect who created the circumstances leading to the victims eventual death. He set off fireworks, verbally added fuel to the fire, and dealt a blow. A boy from the group then helps the man up. The boy states he sees no injuries but notices stress. According to the prosecutor, this explains the victims death. It is the result of the scuffle shortly before. And thus, of the suspects actions.
Reprehensible
The suspect is a completely clean slate judicially and was 18 years old at the time of the scuffle. He never intended for the man to die. Additionally, the suspect faced people who immediately after the incident on social media felt he should be hanged. His name and photo were shared. “That is very reprehensible and causes harm to both his family and the victims relatives,” said the prosecutor.
Waiting for facts
The prosecutor states that in this case, not only social media has spread opinions that do not do justice to the facts. Also, in the regular press, reports appeared shortly after the incident for which no confirmation was found in the investigation. “Why can no one still have the patience to wait for the facts?”
None of this changes the fact that the victim has died and that the relatives must continue without him. This has left deep wounds on everyone.
