OM demands conditional jail term for cop who shot at tractor during farmer protest

The Public Prosecution Service (OM) demanded a one-month conditional prison sentence against the police officer who shot at the young tractor driver Jouke during a farmers' protest in Heerenveen in July last year. The officer is standing trial on Friday in the Utrecht court for attempted manslaughter.

During the farmers' protest against nitrogen policy along the A32 near Heerenveen, the officer fired at the tractor on July 5, 2022, where the then 16-year-old Jouke was seated. The bullet did not hit Jouke but struck the cabin of the moving tractor, lodging in the doorpost.

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The teenager escaped the incident unharmed but shaken. He was initially arrested for attempted manslaughter, but the case against him was dropped. Police commissioner Gery Veldhuis later said that the police officer involved was wrong in his assessment of the situation.

"Jouke was incredibly lucky to have survived," said the prosecutor on Friday. "A fraction of a second earlier or later, and he would not have lived to tell the tale."

The Public Prosecution Service stated at the start of the criminal investigation that the shooting was contrary to the officer's instructions, as there was no life-threatening danger to the shooter or others.

In court, the officer claimed he drew his weapon "in great chaos," fearing that he or bystanders might get injured. "I thought he was going to run over me or someone else," he said.

"Did you want to stop the tractor by shooting at the cabin?" the court asked. The officer admitted in hindsight that shooting was not sufficient to stop a moving tractor and that the risks were very high. "At the moment you stand there thinking you are in danger, I believed it was possible. I thought injuries or worse could occur. And that's why the shot was fired,” he said.

The OM, describing the case as "emotionally charged," argued that the suspect should not have shot at the tractor. "He thought the tractor was driving towards him, but that was not actually the case. He could and should have acted differently." The officer fired as the tractor was already passing by and could no longer hit him, concluded the prosecutor based on video evidence.

"A police officer who deliberately shoots at the cabin, aiming to stop the moving tractor, is guilty of attempted manslaughter. I don’t need to elaborate on that," the OM said.

"I see it as shooting out of helplessness," the prosecutor added, referring to the frustrations among the police due to their limited ability to act against agricultural vehicles during the protests against nitrogen measures.

The police officer's attorney countered, "There was total anarchy. Protesters just did what they wanted," adding that there was a grim atmosphere looming over the situation that day. Several officers drew their weapons, with one officer firing a warning shot. "The police were thrown to the lions. You have to stop the tractors, but no one had an idea how."

The OM also suggested that it would have been better if the officer had apologized to Jouke and his family, who are still processing the incident. "He made a mistake in a difficult situation. That doesn't make him a lesser police officer."

The officer had a conversation with Jouke and his parents. "I think it has been a very unpleasant period for my family and certainly for his family," said the officer. "They wanted peace, and we all need that peace. I wish that for them too because it has had a tremendous impact on our lives. I find it normal that I, as a police officer, take responsibility for that."

Jouke's mother exercised her right to speak. "The incident turned our world upside down," she said. She described it as a deliberate shooting. "Sixteen months later, we are still processing it. Our two youngest children still suffer from panic attacks. The whole family is in therapy to process everything,” she said.

The accused is attending the session via video link for his own safety. His voice is distorted to keep his identity secret, a measure the court deemed necessary due to threats against the officer on social media.