Serious Crimes Case (Nazareth) 22205-06-23 State of Israel v. Dennis Mukin

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Attendees :

On behalf of the accuser: Adv. Tuval Dori and Adv. Yael Katz

On behalf of the defendant: Adv. Yuval Zemer

The Defendant: Brought in by means of an escort

On behalf of the late Adv. Omar Khamaisi

Verdict

Judge Yifat Shitrit

Introduction:

1. An indictment was filed against the defendant in this court, in which the following offenses were attributed to him:

1977. Murder – an offense under Section 300(a) of the Penal Law, 5737-1977.
1978. Disqualified driving – an offense under Section 67 of the Traffic Ordinance [New Version], 5721 – 1961.

• Drunk driving (2 offenses) – an offense under Sections 62(3) + 64A + 64B of the Traffic Ordinance, together with  Section 39A of the Traffic Ordinance and Regulations 169A and 169B of  the Traffic Regulations, 5721 – 1961.

1. Dismissal during interrogation – an offense under section 245(a) of the Penal
2. Intentional sabotage of a vehicle – an offense under Section 413E of the Penal Law.

The facts alleged in the indictment:

2. According to the indictment, Diyar Omri, a young man born in 2004 (hereinafter: "The deceased"), is a native of the village of Sandala. There is no prior acquaintance between him and the defendant.
3. The defendant lives in the settlement of Gan Ner. On February 22, 2022, the defendant's driver's license was revoked, as part of the Traffic Criminal Appeal 14687-02-22, for 24 months.  On March 10, 2022, the license was deposited.
4. The defendant is in possession of a Glock pistol X43, No. 588BZNY (Hereinafter: "The Gun"), which he holds a license. The defendant carries the gun on him on a regular basis.
5. Prior to May 6, 2023, on a date unknown to the accuser, the defendant consumed a dangerous cannabis-type drug (hereinafter: "The drug"). At the time of the incident described below, the defendant was under the influence of the drug, and a blood sample test revealed metabolic products of the active ingredient in cannabis.
6. On the afternoon of 6 May 2023, the defendant was at home drinking several cans of beer. At approximately 5:00 P.M., the defendant left his home, driving his mother's car, a Mitsubishi type, 31-274-30 (hereinafter: "Mitsubishi") and went to Migdal HaEmek to meet his girlfriend.  This was despite the fact that he knew that he was disqualified from driving at the time and despite the fact that he was under the influence of alcohol and drugs that he consumed.  When he left, the defendant carried the pistol with him, as usual.
7. When the defendant arrived at Migdal HaEmek, his girlfriend informed him that she was not interested in meeting him, so the defendant turned around and began to drive back towards Gan Ner.
8. On his way back, the defendant stopped at a gas station, bought several cans of beer and drank one of them. At the gas station near Gan Ner, Ner stopped again, in order to buy rolling papers for cigarettes.  A few minutes before 6:00 P.M., the defendant left the station and began to drive toward Gan Ner, still under the influence of the alcohol and drugs he had consumed, and at a time when the concentration of alcohol in his body in one liter of exhaled air was, at a minimum, 474 micrograms, which exceeded the concentration prescribed by law.
9. At the time, the deceased was driving on the road leading to Gan Ner, driving his family's Toyota car, 166-19-802 (hereinafter: "Vehicle" or "The Toyota"). The defendant, who left the gas station as aforesaid, followed the deceased in the direction of Gan Ner.

The Ottoman Settlement [Old Version] 191610.       The deceased's manner of driving irritated the defendant and he tried to overtake him, but was unsuccessful.  When the deceased saw this, he slowed down and swerved to the side of the road.  The defendant also slowed down at the same time as the deceased's car and opened the window of the Mitsubishi.  The deceased asked the defendant where he was in a hurry.  In response, the defendant braked the Mitsubishi and jumped out of it, while the vehicle was still moving and without lifting the handbrake.  The Mitsubishi, which was still in gear D, continued to drive independently up the road for a few more meters, until he stopped on the side of the road.  In the meantime, and while the defendant was leaping out of the vehicle toward the deceased, the defendant pulled out the pistol he was carrying and fired several shots in the air.