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German Court Fines 3 for Failing to Help Ailing Retiree in Bank | German Court Fines 3 for Failing to Help Ailing Retiree in Bank |
(35 minutes later) | |
BERLIN — As a neatly dressed elderly man lay unconscious in the foyer of a bank in western Germany, four people stepped over or around him to make their way to cash machines. | BERLIN — As a neatly dressed elderly man lay unconscious in the foyer of a bank in western Germany, four people stepped over or around him to make their way to cash machines. |
Help came only after a fifth person called an ambulance, security camera footage from three angles on that afternoon last October showed. | |
On Monday, a district court in Essen convicted three people of failing to help the man, an 83-year-old retiree whose family asked that he not be publicly identified, and who died in a hospital a week after the events, in a case that has prompted soul-searching about compassion for others. | |
“No one wanted to help,” the district court judge, Karl-Peter Wittenberg, said in announcing his verdict. | “No one wanted to help,” the district court judge, Karl-Peter Wittenberg, said in announcing his verdict. |
The judge fined three defendants, identified only as a 39-year-old woman and men ages 55 and 61, between 2,400 and 3,600 euros, about $2,900 to $4,300, for failing to help the man. A fourth defendant was deemed unfit for trial. | |
The security camera footage showed the retiree, who was wearing black pants and sneakers, entering the foyer of a Deutsche Bank branch shortly after 5 p.m. on a national holiday in October. Two of the defendants told the court that homeless people often sought refuge in the bank, and that they had assumed the man was looking for shelter. | |
“There are always homeless people who go to the branch to sleep, or for other reasons,” Peter Schmidt, a lawyer for the female defendant, told the public broadcaster ZDF. “Consequently, my client and the other defendants did not realize it was an emergency.” | “There are always homeless people who go to the branch to sleep, or for other reasons,” Peter Schmidt, a lawyer for the female defendant, told the public broadcaster ZDF. “Consequently, my client and the other defendants did not realize it was an emergency.” |
A court official rejected that assessment. | A court official rejected that assessment. |
“There was no indication that the man was homeless and just asleep,” said Hermann Heimeshoff, director of the district court in Essen. “It was shortly after 5 p.m. on a holiday, there was nothing that pointed to someone wanting to lie down to rest.” | “There was no indication that the man was homeless and just asleep,” said Hermann Heimeshoff, director of the district court in Essen. “It was shortly after 5 p.m. on a holiday, there was nothing that pointed to someone wanting to lie down to rest.” |
In a country that prides itself on the rule of law and order, that four people failed to help a man lying on the floor of a bank raised the question of whether Germans had become unconcerned about their fellow citizens. | In a country that prides itself on the rule of law and order, that four people failed to help a man lying on the floor of a bank raised the question of whether Germans had become unconcerned about their fellow citizens. |
“This tragic case of failing to assist is very troubling to me,” Franz-Josef Overbeck, the Roman Catholic Bishop of Essen said at the time of the events. “I truly believe that a society without real compassion is not able to exist.” | “This tragic case of failing to assist is very troubling to me,” Franz-Josef Overbeck, the Roman Catholic Bishop of Essen said at the time of the events. “I truly believe that a society without real compassion is not able to exist.” |
The security camera footage showed that the victim had approached an automated teller machine, prosecutors said, but had then collapsed once, and again. The third time, he was unable to get back up, and he lay on the tile floor between banking terminals. | |
More than five minutes later, a customer entered the foyer and stepped over the man to withdraw cash from an A.T.M. The customer then stepped over the man once more, without so much as a glance, and left the building. | More than five minutes later, a customer entered the foyer and stepped over the man to withdraw cash from an A.T.M. The customer then stepped over the man once more, without so much as a glance, and left the building. |
Over the next five minutes, three more people entered, stepped around or over the man, took out cash and left. It was not until the arrival of a fifth customer, who asked to be identified only as Patrick S., that an ambulance was called — about 20 minutes after the man had fallen. | Over the next five minutes, three more people entered, stepped around or over the man, took out cash and left. It was not until the arrival of a fifth customer, who asked to be identified only as Patrick S., that an ambulance was called — about 20 minutes after the man had fallen. |
“I didn’t care if it was a homeless man or someone else,” Patrick S. told the public broadcaster WDR. “I call an ambulance when someone is lying on the ground and needs help.” | “I didn’t care if it was a homeless man or someone else,” Patrick S. told the public broadcaster WDR. “I call an ambulance when someone is lying on the ground and needs help.” |
But not everyone would respond that way. “When there are factors, such as the person in need of help is drunk or looks homeless, then the willingness to help is close to zero,” Rainer Banse, a professor of psychology at the University of Bonn, told the public broadcaster ARD. | But not everyone would respond that way. “When there are factors, such as the person in need of help is drunk or looks homeless, then the willingness to help is close to zero,” Rainer Banse, a professor of psychology at the University of Bonn, told the public broadcaster ARD. |
There are no government statistics on the number of homeless people in Germany, but according to the Federal Association of Help for the Homeless, about 335,000 people live on the country’s streets. | There are no government statistics on the number of homeless people in Germany, but according to the Federal Association of Help for the Homeless, about 335,000 people live on the country’s streets. |
For Patrick S., the question of whether the man had a home did not factor into his decision to call for help. | For Patrick S., the question of whether the man had a home did not factor into his decision to call for help. |
“That’s how I was raised,” he said. | “That’s how I was raised,” he said. |
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