Caselaw

Serious Crimes Case (Beer Sheva) 63357-03-18 State of Israel – F.M.D. V. Assaf Masoud Suissa - part 73

February 15, 2021
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When asked if they had taken anything from the deceased, Defendant 2 replied that while they had beaten the deceased, pepper gas and a bag of tobacco had fallen from his pocket and they had taken it, and after they dragged him to the car, Defendant 1 took the gun from the car.  He further claimed that defendant 1 told him that he had searched for money in the deceased's wallet and found only NIS 15, but he did not see that he had searched the wallet, since he had gone to the side because he was in shock and could not look at the deceased, whose face was swollen and there was blood everywhere (ibid., paras. 72-73).

In the reenactment,  when asked which of them had dragged the deceased, defendant 2 replied, "Part I am a part and together", and explained that Defendant 1 began to drag the deceased from the scene of the incident while he himself returned to the car because "he told me to go back to the car, he gave me the keys to the car, he told me to go check what was in the car, if he had a wallet, if he had it...  He wanted money so that later he could go to a gas station to buy it, he wanted to go buy the fuel in order to burn it"; Defendant 2 showed the interrogators how far Defendant 1 had dragged the deceased alone, and when he returned to help him and they continued to drag him together to the car (P/13A, pp. 17-18).  According to him, when they arrived at the car with the deceased, defendant 1 opened the driver's door and said that they had to let him in, they picked him up and put him in the car while he was lying bent over; Then Defendant 1 "put the keys inside the steering wheel switch...  Putting the car on neutral, he lowered the hambrakes and the car deteriorated all the way to the mouth.  As if he had told us what it was, he told me to push the car with him here until the car hit the stone"; and they went to the gas station from the direction of the scene of the incident (ibid., pp. 19-20).

When he was taken to the industrial zone near the Paz gas station, Defendant 2 said that this was the station where Defendant 1 had told him to enter and ask the seller for a flashlight, and he did so out of fear, because Defendant 1 was walking around with the gun and he was afraid that he would try to kill him.  According to him, when they did not find a flashlight, they continued walking, defendant 1 found a black jerrycan and went with it to the other gas station, where he spoke to the seller and asked to fill up with gasoline with the jerrycan, and he waited on the side; When defendant 1 bought a lighter and wanted to refuel with the money he found in the deceased's wallet (ibid., pp. 10-13, file 006 on the disc).  According to him, they returned the same way to the forest, and on the way back they searched for the house keys of defendant 1 that had fallen in the area, and used the deceased's phone for that purpose; This was after defendant 1 took from the deceased everything he had after he passed away – a wallet, a gun and a telephone (pp. 9-10, file 007 on the disc).

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