Due to an error by the Public Prosecution Service (OM), a 20-year-old man from Assen has been acquitted of throwing fireworks at two police officers. One of the officers was seriously injured. A form error, which makes the young Assenaar lucky.
The officers went to a fire on the road in the Baggelhuizen district on New Year’s Eve. A female officer stopped at the service car and called the fire brigade and the municipality. Her male colleague ran into an alley, chasing youths running away. Out of the corner of her eye, the officer saw a fireball coming at her near the car. She covered her ears, but it was too late.
Heavy fireworks exploded close to her. The woman suffered hearing damage, it turned out later in the hospital. She now suffers from tinnitus, a persistent high ringing in her ears. The woman alerted her colleague. Both got into the police car. The officer saw a tall blond boy throw a firecracker at the car. This was the man in his twenties, who was arrested a few days later.
The boy acknowledged throwing fireworks, but only the last time. Who threw first, which injured the officer, has not become known. Insufficient evidence has been found to convict the 20-year-old of seriously wounding the officer, the prosecutor said. An attempt to do so, because the young man also threw a piece of fireworks at the police car. This could have ended worse.
The public prosecutor demanded a community service of 120 hours for attempted aggravated assault and the destruction of a sign on a playground by fireworks, with an additional 2 weeks suspended prison sentence. “I fully agree with your reasoning,” the judge said of the plaintiff’s claim. The judge also saw sufficient evidence for an attempted aggravated assault and public violence.
But she also saw something else. The indictment (the part of the summons that states what the Public Prosecution Service accuses the suspect of) was legally incorrect. She had to acquit the twenty-something for attempted aggravated assault. “Just stop with those fireworks. It costs money and it won’t help you,” the judge said to the Assenaar. She pointed out a previous conviction for fireworks.
The judge imposed a suspended prison sentence of 60 hours on him. He must be treated and checked for alcohol and drug use. He must also undergo behavioral training. The man was still on probation for a 30-hour suspended community service order. He has to do that too.
“You are the only one who knows whether you threw that piece of fireworks that injured the officer. If that is the case, you should not be proud of it, and certainly not because you will not admit it,” the judge closed the lawsuit off.