Bloody brawl when giving out free food to the needy

It was one of the numerous offers of help to make the corona pandemic more bearable for those in need: nuns from the Missionaries of Charity order, founded by Mother Teresa, always distributed warm free food to the needy at 3 p.m. on Feldstrasse in Zurich. This was also the case on September 20, 2020. Among the people who took advantage of the offer were a 37-year-old Spaniard and a 55-year-old Colombian. In the end, it was not financially worthwhile for either of them: one now has to pay for court proceedings, the other is left with unpaid therapy costs.

Witnesses did not come forward

There are only versions by the two men of what happened shortly before the food was served at 2:45 p.m. Although other people were present in the yard, no one came forward despite a later appeal and a public notice of the victim. Many who took up the free offer were undocumented, uninterested in testifying in a criminal investigation. The nuns were also not present at the time of the crime.

According to the indictment, the Colombian was the first in line for the meal. The Spaniard is said to have pushed ahead. The older, much smaller and slimmer Colombian is said to have told him in Spanish that he should stand in line and keep a distance of two meters because of the corona pandemic. According to the indictment, the Spaniard then suddenly hit his opponent two or three times in the face with his fist, whereupon the victim fell to the ground and briefly lost consciousness.

The Spaniard is said to have continued to hit the opponent when he was already on the ground. In the police questioning, the accused claimed that the Colombian had fallen over by himself because he was drunk or on drugs. However, nothing was found in the hospital.

There was no free food for either of them: the Spaniard left, the Colombian was taken to the hospital, where he had to stay for three days. He had suffered a mild traumatic brain injury with monocle hematoma and injury to the eyeball, a broken nose and an avulsion fracture of the nasal spine. According to his lawyer, his breathing is still restricted today and he is due for a nose job. The victim also took advantage of psychotherapy, but had to give it up again due to lack of money because his health insurance company did not pay for it. The lawyer demands damages and 5,000 francs of satisfaction.

Perpetrators only want to have defended themselves

The accused admitted in the courtroom to having hit the Colombian one or two in the face. But he only resisted. Rather, it was the Colombian who suddenly punched him. In the courtroom, the accused told a version that he had never put forward in the investigation: he found work as a field worker at the time, and the Colombian asked him for the employer’s address. But he didn’t reveal this because he didn’t want to risk the job. The Colombian got angry and attacked him. His defense attorney is requesting a conditional fine of 120 daily rates of 10 francs for the previously completely blameless suspect with no previous convictions.

The single judge punishes the Spaniard with a conditional fine of 180 daily rates for simple bodily harm, as requested by the prosecutor. He sets the daily rate at CHF 50. The probationary period is 2 years. The perpetrator has to pay the court costs of 1,800 francs. The victim receives compensation of 1,000 francs. The claims for damages – including for psychotherapy – are referred to the civil court.

The victim’s statements are credible and supported by medical and hospital reports. The accused, on the other hand, involved himself in contradictions during his various interrogations with the police, the public prosecutor’s office and in the courtroom “through the line down to the smallest detail” and repeatedly told different versions, the single judge explains. The convict is credited with his partial confession and remorse, which slightly reduced his sentence.

Judgment GG210368 of February 15, 2022, not yet final.