Murder case against nurse: 20 years and counting – Austria –

The state attorney's office charges the man who pretends to be a woman with murder.
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A 24-year-old nursing assistant was sentenced to 20 years in prison and committed to a forensic treatment center for murdering an 82-year-old patient.

A 24-year-old nurse who stabbed an 82-year-old man under her care in Geretzberg on October 5, 2023 was sentenced to 20 years in prison on Tuesday for the murder in Ryde. The jury unanimously found her guilty and unanimously found her sane. Because of her dangerous prognosis, she will be sent to a forensic-treatment center in addition to her sentence. Judgment is final.

The accused – a man according to his passport – preferred to identify himself as transgender and with a female first name. The presiding judge, jury and witnesses referred to her as a woman throughout the trial, while state prosecutor and mental health expert Adelheid Kastner referred to her as a man. The nurse currently sits in the men's wing of the jail.

Criminal history and psychiatric report

The public prosecutor's office explained the course of the crime, explaining that the guard, who was from Slovakia, had gotten drunk after an argument with his boyfriend, who had come home on the day of the crime. She needed an outlet, hitting an 82-year-old due to lack of impulse control related to alcohol – reportedly 3.6 per thousand – and eleven punches to a senior citizen who was paralyzed on the right side. Injuries to the upper body, abdomen, face and head.

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On the basis of a psychiatric report that certified the nurse as dangerous, the prosecution requested that, in addition to a sentence within the meaning of Article 21 paragraph 2 of the Criminal Code, she should be employed in a forensic treatment center. According to the report, the risk of reoffending is 75 percent. Curative treatment with incarceration is warranted only when measures are implemented to control the risk posed by the nurse.

Defense and Evidence of Accused

The defense lawyer said his client wanted to be a girl since childhood. Initially there was a good understanding with the 82-year-old. After the senior citizen learned of the alleged assaults, she saw her breakup with her boyfriend as the impetus for the crime. Additionally, his client initially wanted to stab herself, but later apparently changed her mind. The nurse reported an argument, but she could remember nothing else. She only saw “grandfather” covered in blood and feared that someone was in the house. When no one was around, she would have come to the conclusion that she should have done it herself.

The accused told the court about childhood problems, marriage to a man, adultery, alcohol, drugs, divorce and psychiatric treatment for schizophrenia. However, psychiatrist Adelheid Kastner continued to refer to the nurse as a man and explained that there was no schizophrenia. Instead, he found that the person had a lack of impulse control, a tendency to aggression, and a pronounced tendency to dramatize, certifying a combined personality disorder. It is not a disease; Victims “can certainly think for themselves”. But the nurse didn't.

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Personality disorder and alcohol addiction

There is no “direction” in her life; The only constant is alcohol consumption. Despite drinking — 3.6 per milliliter is “trainable” for alcoholics — “there's no indication he didn't know what he was doing. He could have acted differently,” Kastner said. Your decision: be smart and continue to be dangerous in the future.

Unanimous verdict of the jury after a very short deliberation: Guilty of murder and prudence. The nurse was sentenced to 20 years in prison and sent to a forensic treatment center. Confession and the influence of alcohol were found to be mitigating factors, while the degree of violence and victim insecurity were found to be aggravating factors.

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