“In his anger, which is typical of his personality, he went to the building and met the victim there and attacked her as a result of the so-called transferred affect,” said Michal Hodoušek, chairman of the Board of Appeal, referring to the expert opinions.
“He had to show his anger, he had to vent his anger. He did not go to the building to kill or injure anyone, “the judge added. Hodoušek pointed out that since it was not possible to say how the act really happened, the court had to take into account the legal principle in doubt for the accused (in doubt in favor of the accused – ed. note).
Baďura attacked the educator in October 2019 in the Všehrdská prison in Karlovy Vary, where a nine-year-old was serving for the murder of his sister. According to the verdict, Baďura grabbed the educator by the clothes, but the woman managed to slip out and run down the hall. But there the young man caught up with her, hit her on the ground, knelt down and started choking her until another of the educators interrupted him.
On Tuesday, as in the main trial, Baďura confessed to the strangulation of the injured party in court, but claimed that he did not remember it.
He was waiting in the yard for a visit that day, but she didn’t arrive, which upset him.
“I was a little angry that it took a long time, after the visit didn’t come to me, then I don’t know how it all happened,” the young man said in court. “I always say that sometimes my head doesn’t think. I remember that the victim was below me, I let her go, I shook with her, she opened her eyes, “he added.
The young man further stated that he remembered that he ran after the woman and fell to the ground. Even the fact that he grabbed her by the throat “so she wouldn’t scream.” Then he allegedly realized what he was doing and ran to report it to the guards.
According to the indictment, however, he was interrupted by another educator.
“I confess that I attacked the educator, but I did not want to kill her. When I recovered, she opened her eyes and ran downstairs. I left it alone. I honestly didn’t want to go and kill someone, “the young man concluded.
His lawyer proposed to the Board of Appeal to overturn the verdict and return it for further consideration, while the public prosecutor fought for a higher sentence.
In Všehrdy, Baďura was serving a sentence for stabbing his 11-year-old sister, for which he was sentenced in 2012 as a juvenile to nine years in prison.