Almost two years after the murder of the Kassel district president Walter Lubcke (CDU) has filed charges against the suspected Seller of the later murder weapon had been raised. The Dusseldorf Public Prosecutor's Office is accusing 65-year-old Elmar J. from East Westphalia of negligent homicide and violation of the Weapons Act before.
He is said to have been Lubcke's later murderer Stephan Ernst have sold the murder weapon including ammunition in 2016. The Paderborn Regional Court now has to decide whether the indictment will be admitted to the main hearing, the authorities announced in Dusseldorf on Tuesday.
Charges against suspected arms salesman in Lubcke murder case
The 65-year-old had initially been investigated by the Federal Prosecutor's Office for aiding and abetting murder. Then, however, the accusation of aiding and abetting had been dropped and the proceedings handed over to Paderborn. After the Federal Court of Justice surprisingly revoked his arrest warrant in January 2020, Elmar J. Released after more than half a year in pretrial detention.
The judges had doubts whether the man in 2016 could really have foreseen what kind of act Ernst would commit with the gun more than two and a half years later.The Attorney General had argued that the arms dealer must have been aware that Ernst was a violent right-wing extremist. So he had at least taken into account that the latter could kill for political motives.
That had not convinced the BGH: Ernst had taken several weapons from the dealer between 2014 and 2018, some of which he had resold at a profit. He had also never specifically inquired about a weapon that would be good for a crime.
Verdict in Lubcke trial: Life imprisonment for Stephan Ernst
Lubcke's killer, Stephan Ernst, was sentenced to life in prison at the end of January. The Frankfurt Higher Regional Court (OLG) also determined the particular seriousness of the guilt. So a release from prison after 15 years is as good as impossible. The court reserved the right to subsequent preventive detention.
Stephan Ernst had been charged in the night of 2. June 2019 shot the politician Lubcke on his terrace in the district of Kassel. According to the federal prosecutor, the 47-year-old had a right-wing extremist, xenophobic motive. The trigger is said to have been statements by Lubcke, who defended the admission of refugees in 2015.
Suspended sentence for co-defendant
Ernst had repeatedly confessed to the crime – but in three different versions. At the same time he last burdened co-defendant Markus H., who had been at the scene of the crime. H. himself had not commented. His lawyers had denied any involvement in the crime by the man, who is known as a right-wing extremist, and demanded acquittal.
The OLG sentenced H. on Thursday to a Suspended sentence of one year and six months for violation of the Weapons Act. Originally he had been charged with accessory to murder.
The Lubcke family was one of the plaintiffs in the 44-day trial- his wife and two sons. The crime is considered the first right-wing extremist murder of a politician in the Federal Republic of Germany. The trial took place under strict sanitary conditions because of the Corona pandemic.