Ben S. has been sentenced to four years in prison, including two years of probation. The man shot a neighbor in the head at his home in Aan het Broek in Sittard last year during a neighborly argument. He must also undergo treatment for mental disorders.
That means the man still has to serve 10 months in prison. He has been in prison since April 19 last year. That day, the shooting occurred in the driveway of S.'s home in Sittard.
Arm
The court in Maastricht finds Ben S. guilty of attempted manslaughter. With a loaded revolver, the man approached the neighbor who came to the driveway of S.'s house to get redress after S. had grabbed his stepson firmly by the arm during an argument between children. A shot was fired and S. kept pointing the gun at his victim.
There is no question of emergency defense, as S.'s lawyer argues, according to the judge. "There was no immediate imminent danger to S. or his family." According to the lawyer, the perpetrator thought he would be attacked by members of a motorcycle gang. That assertion, according to the judge, is not supported by images recorded by cameras hanging around the house or by witness statements.
Imminent
The court did agree with the defendant that it can seem intimidating when strangers enter your yard. "But that does not mean that there was an imminent threat. And even if it was imminent, the defendant could have gone inside and closed the door instead of shooting."
Brain injury
The court does not go along with the demand of the prosecutor who had demanded eight years in prison. The court considers S. diminished culpability. S. was in a car accident in 2016 in which he suffered brain damage. According to experts, this left him with a neurological disorder. Since then, he has been impulsive, mentally less flexible, more easily irritable and less able to oversee things, experts said.
Treatment
After S. serves his sentence, he must be committed to a care facility for up to one year during his two years of probation for treatment of his neurological symptoms, the judge set as a condition.
To the victim, who sustained permanent damage to one eye after the shooting, S. must pay over 5,500 euros. S.'s lawyer let it be known that the verdict will probably not be appealed. "My client is happy that also the judge thinks he should be treated," she said.
