Thosetrial in Vevey –The Vaudois gendarme is sentenced to attempted murder
The court decided. One year in suspended prison sentence for the police officer who shot a pedestrian, taken for a criminal. A call is possible.
This extraordinary trial of a gendarme, finally sentenced to attempted chexbres murder, was held before the Criminal Court of East Vaud borough in Vevey.
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- A Vaudois gendarme is found guilty of attempted murder with chexbres.
- The criminal court sentenced the agent to a year in suspended prison.
- The Court judges disproportionate shots, despite the tense operational context.
- The agent could shoot. But he had to ensure the proportionality of his gesture.
The Vaudois gendarme had recognized, Before the Vevey Courtan “error of appreciation” during a chexbrus check in 2022. He had recognized that the young innocent on which he had pulled, without injuring him, was a “victim”. However, he had sworn that, given the operational context tense at the time, he could not fail to fire that he had wrongly taken for a dangerous criminal. And the Vaud cantonal police officer said that today he would make the same decision in the same circumstances.
The criminal court rejected, on Wednesday, this version of the defense, supported by Me Stefan Disch. Her client was found guilty attempted murder and abuse of authority. He was sentenced to one year in prison. A 2 -year stay was granted to him because of his good service states and a lack of risk of recurrence. Guilt is deemed significant. Among other things because the author has not expressed real awareness of the gravity of his act.
Criminal court
Reading the judgment by President Franz Moos lasted an hour and a half. In its development, He admits that the gendarme was able to feel in danger in the morning of the facts. He was looking for a dangerous fugitive and the unexpected appearance of this pedestrian – which nevertheless apparently presented no signs of threat – could be linked to this event. In addition, the black object that the young man manipulated in his pocket could, by hypothesis, be confused with a firearm.
At the time of the facts, according to the court, the agent did not know that the unknown was a young apprentice who had nothing to blame himself for. And he learned later that the object was a mobile phone. A control could therefore be carried out and the weapon could be released from its case. But the shots were precipitated and totally disproportionate, because the threat was not concrete enough. The condemned one knew that by pulling he could kill. The one who lacked composure should have been more vigilant Before pressing the relaxation.
Attempted murder
After the verdict, the victim confessed his surprise and his satisfaction. His lawyer Habib Tabet praised “the courage of the court and his intellectual rigor”. During the debates, the defender and the prosecutor Eric Mermoud recalled the question of principle of this case. The police exist to protect society. And not to endanger the life of an innocent citizen. The criminal court went in their direction. His judgment marks the limit. A gendarme can fire. But he must ensure the proportionality of his gesture. “Otherwise, that would legitimize any police shooter,” concluded Franz Moos. A call is always possible.
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Dominique Botti Is a journalist with the 24 -hour Vaudoise section, specializing in field surveys, various facts and legal news.More info
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