The 30-year-old with an Italian family background, who shot three men from the Berlin underworld and the clan milieu on Saturday morning in Stresemannstrasse in Kreuzberg, fired his gun when at least one of the injured was already on the ground. According to information from the Tagesspiegel, the police investigations revealed.
Before that, he is said to have suddenly shot at the men who were allegedly sitting together in a poker game. As a result, an arrest warrant was issued on suspicion of malicious murder.
The 30-year-old is not a well-known figure in Berlin’s underworld. However, he has a criminal record for theft, fraud, forgery of documents and road traffic offenses. He was sentenced to six months’ imprisonment and suspended for community fraud. The other offenses were punished with fines.
One of the men who were hit is 39-year-old Veysel K., a well-known figure in the city’s clan milieu. He filled a role as an enforcer for criminal clan members. According to the police, he shot back, which is why he was arrested for illegally carrying and possessing a firearm. At the moment, like the 30-year-old, he is in hospital.
The fact that Veysel K. was even able to attend the poker round, that he was therefore at large, astonished outside the judiciary and sparked discussions. Because the 39-year-old was sentenced to two years and nine months in prison by the Berlin regional court in September 2020. Violations of the Weapons Act, unauthorized possession of narcotics and violations of instructions from the command supervisory authority were punished.
K. shot seven times in the air in Charlottenburg
Veysel K. had fired his pistol in front of the “Café Einstein” in Charlottenburg in November 2019, like John Wayne in the last duel. He blew up seven shots, the reasons are unknown. He was arrested on February 21, 2020 for the shooting. Police discovered cocaine on him. On January 25, 2020, he had already had a mixture of cocaine with him during a police check.
On February 11th, during another check-up, officials found him with cocaine. After serving a prison sentence in 2017, he was also under management supervision.
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But immediately after the verdict in September 2020, Veysel K. did not go back to a cell, but left the courthouse unmolested. The court had spared him from further pre-trial detention, but subject to conditions: the 39-year-old had to report to the police department responsible for him twice a week, hand in his passport and leave a bail of 5000 euros.
No detention because K. has appealed
Why this exemption from custody, which is incomprehensible to many non-legal observers? “Because the judgment is not yet final,” says Lisa Jani, spokeswoman for the Berlin criminal courts. Because Veysel K. has appealed against the judgment through his lawyer. And the Federal Court of Justice (BGH) has not yet decided on this revision. That’s point one. Point two: “Pretrial detention only serves to secure the process. And if there are more lenient means for this security than custody, these means must be used, ”says Lisa Jani.
There are three reasons for pre-trial detention: risk of escape, risk of blackout and / or risk of repetition. “The court must have had the risk of escape in mind, so he had to hand over the passport,” says Jani. But the risk of escape was probably not so great that detention would have been appropriate.
There was also no risk of repetition with K.
However, there is also the point “risk of repetition”. Veysel K. had been convicted of illegally possessing and wielding a semi-automatic weapon and of cocaine possession. The current arrest warrant was issued for the unauthorized use and possession of a weapon. No risk of repetition?
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“No,” says Lisa Jani. “Prison detention due to the risk of repetition can only be ordered for certain offenses. It’s about sexual offenses or acts of a serial offender. Unauthorized possession of weapons and narcotics are not included. ”In addition, one point must be taken into account:“ Except in the cases mentioned, pre-trial detention does not serve to prevent further criminal offenses. You cannot say that a person comes into pre-trial detention as a precautionary measure because he or she has a specific criminal record. ”Prison custody only ever refers to a very specific procedure
And sure, Veysel K. had now been found with a weapon again, “but nobody could have foreseen that. The judges can’t look into a glass ball, ”says court spokeswoman Jani. This gun possession could only possibly play a role in a new procedure. This fact may have relevance for the question of pre-trial detention. But that is decided by the court alone.
