52-year-old IV pensioner commits amok drive under the influence of alcohol

On June 1, 2021, a 52-year-old Swiss IV pensioner got behind the wheel of a VW Golf under the influence of alcohol and the antidepressant mirtazapine. Anyone who met him on the street after that was probably just unlucky and was in the wrong place at the wrong time: on the subsequent half-hour drive, which led to the city of Zurich via the autobahn, he got into conflicts with a total of ten other road users.

He sometimes forced them to stop, rammed cars, got out, and threatened and hit other motorists or vehicles. This brought the man an 18-page indictment with 16 different criminal offenses from simple bodily harm to coercion to multiple gross violations of traffic regulations and a wide variety of other road traffic offences.

The IV pensioner was initially noticed because he simply stopped at around 5:30 p.m. on the single-lane section of the A 15 motorway in Volketswil. When a motorist behind him honked his horn, the accused got out and hit a dent in the left rear door of his Hyundai with his fist. About 10 minutes later he was driving on the A1 in Wallisellen, honking his horn for a long time, gave the middle finger to another driver in the overtaking lane, rammed the side of his car and continued his journey undeterred.

Driver punched in the face

A little later he repeated this maneuver with another VW Golf that was driving next to him. First he touched his side mirror and then hit the side of the vehicle with full force. He then changed lanes immediately in front of a VW Polo and deliberately braked abruptly twice almost to a standstill. The driver of the VW Polo honked the horn, whereupon the accused got out, leaned into the Polo through the open window, hit the handlebars in the face and injured his lips. Then he initially moved away, but returned again, banged his elbow against the now closed driver’s window and kicked a dent in the hood with his foot.

He later drove over a restricted area on the left to get into the lane towards Zurich City and touched the right front of a Ford Fiesta vehicle. Coincidentally, a motorcyclist from the canton police was further ahead on the restricted area. He asked the accused with a hand signal to stop. He initially followed his instructions and drove onto the breakdown lane, but then pushed past the police officer on the right. Later, still on the Autobahn, he purposely crashed into the rear of a VW Multivan. The driver was slightly injured and suffered whiplash.

Around 6 p.m. he tried to park on Neugasse in Zurich 5 in a parking lot between two other cars and damaged a Renault Megane and a Land Rover. Without paying attention to the damage, he drove off and used the pavement for at least 50 meters. Because a stationary column was blocking him on Langstrasse, he simply swung into the oncoming lane. A correctly oncoming motorist had to make an emergency stop. On the Kornhausbrücke, the accused then also rammed the rear of a Skoda Octavia, later parked on Stauffacherstrasse, slammed the vehicle door against a passer-by’s knee as he got out and called the pedestrian countless times “asshole” and “wanker”.

Inpatient or outpatient therapy?

The IV pensioner, who used to run a craft business with eight employees, cannot remember anything in court, but basically admits the facts. He can imagine that it happened, he says. Today he is angry about it and he is sorry. He doesn’t recognize himself. He had been driving a car for over 30 years without anything ever happening. He will no longer apply for the return of his confiscated driver’s license. He explains the crimes by saying that he got caught in a psychological downward spiral due to the separation from his wife.

He understood the psychiatric court report, but did not agree with it. He was diagnosed with bipolar affective disorder with manic syndrome and alcohol addiction. The accused accepts this. At the time of the journey, his criminal responsibility had been severely reduced. An inpatient measure should be ordered. However, the accused considers outpatient therapy to be sufficient, he is afraid of inpatient therapy, which could take ten years under certain circumstances, and he has a 10-year-old son who he wants to take care of.

The public prosecutor is applying for a greatly reduced prison sentence of 13 months due to the alleviation of guilt, which is to be postponed in favor of an inpatient measure; plus a fine and a fine. The defense attorney pleads for a 4-month prison sentence and an outpatient measure. The accused has been in custody for 323 days. He was very impressed by this and he could be trusted to take his medication every day at home. These are currently being administered to him four times a day in prison. He is mentally stable again, alcohol is no longer an issue and there is no longer any danger from him.

suspension of 12 months imprisonment

The district court in Bülach sentenced the accused to 12 months in prison in the evening, but this was postponed in favor of an outpatient measure. The outpatient therapy is initiated as an inpatient for 2 months, which is why the accused remains in custody. A fine of 20 daily rates of 30 francs each for preventing an official act and insults will be imposed. There is also a fine of CHF 1,000 for numerous violations. The claims for damages and satisfaction are mostly referred to the civil court.

The court regards the facts as created. Based on the report, the accused clearly needs treatment, the court chairman explains. The report speaks in favor of an inpatient measure. However, the court was convinced that the accused had been able to “catch himself” in prison in the meantime and that outpatient therapy was sufficient. It believes the accused that he has recognized that he is suffering from a bipolar disorder and that this needs to be treated with medication. If the medication is taken regularly, the disorder can be kept under control.

Judgment DG210059 of April 27, 2022, not yet final.