Who had the weapon at the moment the fatal shot was fired? Was it the suspect or was it the victim himself? This question is central today in the trial against a 19-year-old man from Voorburg. The man is on trial for manslaughter and possession of a firearm. The Public Prosecution Service demands 365 days, of which 164 days of conditional youth detention with a probation period of two years with conditions.
The incident took place on the night of March 21, 2024, in a shed on Van Barbansonstraat in Voorburg. At that time, the victim had been living in the suspects shed for a few days. That night, the two were chilling in the shed. They were listening to rap music, smoking a joint, and “playing” with an illegal firearm that the suspect had bought a few days earlier because he felt threatened by individuals from a drill rap group. That night, the weapon went off, and the victim, a 19-year-old man from The Hague, lost his life. The suspect stated that the victim had aimed the weapon at his own head when it went off. Neither of them was aware of the bullet still being in the weapon.
“The fact that the acquisition of a firearm ultimately leads to the death of his friend highlights in a very bitter way how dangerous illegal possession of firearms – especially modified firearms – is and how much suffering it can cause,” said the public prosecutor.
Video Test Shot
Forensic research shows that there is DNA on the firearm from both the suspect and the victim. A video is found on the suspects phone showing him shooting with the weapon. This video was made a day earlier when the suspect went to a park with the victim to test the weapon. The suspect states that he was so shocked by the bang that he threw the magazine in one of the gardens near his home on the way back. He claims to have been afraid of the police.
NFI
Research by the NFI shows that “it is very difficult to shoot yourself with the firearm with a silencer in the relevant shooting direction and at a shooting distance of more than 10 cm in the head.” The residue analysis also supports the shooting by the suspect. Finally, the victim was right-handed and, according to the suspects scenario, would have shot with his left hand. The Public Prosecution Service concludes that the suspects scenario is implausible and that it was the suspect who shot with the weapon.
Manslaughter
According to the Public Prosecution Service, there is a case of manslaughter. The suspect acquired the modified firearm, filled the magazine himself, and fired a test shot with ammunition. He therefore knew that the firearm worked and had to reload once before the test shot succeeded. The suspect disposed of the magazine but did not check whether the firearm was empty at that time, nor when storing the weapon. That night, while he was smoking with the victim in the shed, he was playing with the weapon, and the victim was fatally hit by a bullet.
It is a well-known fact that firearms can cause fatal injuries. The suspect significantly increased the danger that the victim would die to such an extent that the death can reasonably be attributed to him. The suspect had to and could have acted differently than he did.
The Public Prosecution Service considers manslaughter proven and demands 365 days, of which 164 days of conditional youth detention with a probation period of two years with conditions.