Moreover, the two defendants said that after the deceased fell and stopped responding and they began to drag him into the car, there was a stage in which he woke up, at which point they attacked him again until he lost consciousness again. Defendant 1 described the said moment in a chilling way in the reenactment: "After I went to call [defendant 2], we arrive and we see that [the deceased] is breathing, [defendant 2] saw it and said something I don't remember what exactly... And he started giving him a few kicks in the head, he got a few kicks in the chest and stomach area and since then we haven't heard him scream anymore... After [defendant 2] gave him the kicks in the stomach, he screamed like that" (P/5C, p. 17, s. 35 to p. 18, s. 5; and so did B/8A, pp. 11-12, and B/9, s. 81-93). Defendant 2 claimed in this context, only during the confrontation, that at a certain point Defendant 1 told him that the deceased had begun to breathe and instructed him to start kicking him, and he did so because of his fear of Defendant 1 (P/8A, pp. 35, 23-29, pp. 37, 17-36). This matter, which, as stated, arose in the statements of the two defendants, testifies that this was not an accident or an assault that got out of control in the heat of the moment, but that the defendants wanted the death of the deceased, and acted in order to fulfill this wish.
The effort invested by the defendants in dragging the deceased a short distance to his car, on their long walk to purchase fuel and back to the scene, and then in setting fire to the deceased's car while he was inside, also testifies to the fact that the defendants did not intend to allow the deceased to leave the incident alive, and in fact sought to "ensure killing". However, the opinion of the Institute of Forensic Medicine indicates that in light of the serious condition of the deceased's body as a result of the fire, it is not possible to know whether the deceased had already died at the time of the arson or whether the fire caused his death. However, even if the deceased's death was caused as a result of the beatings and the fire did not cause his death, the fact that the defendants did not examine the deceased's condition before setting fire to the vehicle and did not verify that he was dead, also testifies to their intention to kill him, along with their intention to destroy the evidence and disrupt the police investigation.