The officer who last month shot 27-year-old Tim van der Boor is suspected of culpable homicide. The Public Prosecution Service announced this last week. But what’s hanging over him now?
Tim van der Boor was a suspect in a drug investigation. On March 17, an arrest team had to arrest him at the Larixplein in Waalwijk. It went wrong when an officer fired almost immediately. Tim was hit and died on the spot.
Last Thursday, the Public Prosecution Service already announced that the bullet was unintentionally released, but also unintentionally. Because the officer had no intention of shooting, he is now suspected of culpable homicide. But what exactly does that mean for his future?
Up to two years in prison
“Provided that the investigation is still ongoing,” a spokesperson for the Public Prosecution Service said. “What punishment follows depends entirely on what comes out of it. A prison sentence is also not excluded.” Guilty homicide carries a maximum prison sentence of two years.
The Public Prosecution Service seems to be quite confident, given the fast communication. Lawyer Geert-Jan Knoops sees that too. He had previously assisted a cop who shot someone. “If they already announce that they want to prosecute him for culpable homicide, then the public prosecutor must assume that no intent was involved. If a conviction comes out, then I do not expect a prison sentence .”
According to the spokesperson, there is another reason that the Public Prosecution Service is coming out with initial conclusions so quickly. “That also has to do with the sensitivity of the case. You want to inform the next of kin as soon as possible. And once you share something, it is better to communicate clearly to the outside world immediately. To prevent misunderstandings and noise.”
Manslaughter seems unlikely
It therefore seems unlikely, but in theory the officer could also be convicted of manslaughter. Then evidence will only have to show that he fired deliberately.
For the time being, it does not seem that way, but if the verdict does eventually fall in that direction, the officer will await a maximum prison sentence of three years. Since 2021, that limit only applies to agents. Previously, they were tried in the same way as ‘ordinary’ citizens, which carries a maximum penalty of fifteen years in prison for manslaughter.
According to the spokesperson for the Public Prosecution Service, it could take months before the investigation is completed. Only then will the Public Prosecution Service actually prosecute the agent. It is common for officers in similar cases to receive a lawyer from the police force.
ALSO READ:
Police wrongly shoot Tim dead, officer suspected of culpable homicide
Mother of man shot dead by police: ‘Tim didn’t stand a chance’