The charcoal grill at Fittja center south of Stockholm will soon close, the clock has passed nine and only five guests remain in the premises. At 21.16, the first alarm about loud bangs is triggered.
On surveillance footage from the area, the police will later see how three dark-clad, masked individuals approach the restaurant just before the shooting on March 21. One of them is armed with an automatic carbine, another with a revolver.
Both weapons are fired into the restaurant, in the direction of three guests sitting and eating at a table at the back of the premises. One of them is a 27-year-old man who flees towards the staff toilet further in. He is later found there with a fatal gunshot wound to the chest.
Three charged
Three teenage boys arrested in the vicinity shortly afterwards are later charged in August for committing the murder together and in concert.
Whether the man who was killed was the intended target has not been established, but according to prosecutor Niksa Lucic, the circumstances of the murder suggest that it took place in a gang context.
When the trial concluded, he demanded life imprisonment for the one of the defendants who was 19 at the time of the murder. The other two were minors, 16 and 17 years old. Previously, they would likely have received closed youth care if convicted, but now prosecutors in gang cases often demand imprisonment even for individuals who are legally considered children.
For the 17-year-old who I claim fired the fatal shot with an automatic weapon, I have demanded eight years' imprisonment, says Lucic, who also demanded imprisonment for the other boy.
One reason why imprisonment is increasingly being demanded for children, and why courts are also imposing it, is the tougher penalties for gang crimes introduced last summer, according to Lucic.
Criminal settlements
Then, a new type of sentencing aggravation was introduced, targeting violent settlements among criminals. According to this, factors such as the use of firearms and crimes on public premises should be considered as particularly aggravating when determining sentences.
This means that courts now often consider that there are "special reasons" for imposing imprisonment instead of closed youth care for individuals under 18.
It is primarily this legislative change that makes it possible, I believe, to impose imprisonment even on those under 18 years old, says Lucic.
All three have denied the murder. The verdict will be delivered on Tuesday.
On July 1, 2023, a new type of sentencing aggravation was introduced, targeting violent settlements among criminals.
As "particularly aggravating circumstances" when assessing the sentence value, it shall be considered whether the crime has involved a serious attack on someone's life or health or personal safety and
1. has involved the use of firearms or explosives or similar substances and was committed on public premises or at another location where people usually gather or have gathered,
2. or has been based on or was intended to provoke a conflict between groups of people in which firearms or explosives or similar substances are used.
Source: 29 chap. 2 a § Criminal Code
