Interrogee, Dennis Daniel Mukin: (This side clicks his tongue in the negative and shakes his head in the negative).
Researcher No. 1, Gil Alon: Don't smoke at all? Cannabis, not cigarettes
Interrogee, Dennis Daniel Mukin: Uh. No, no, I tried it here and there, but oh. Nope. I don't smoke.
Researcher No. 1, Gil Alon: Not a regular smoker?
Interrogee, Dennis Daniel Mukin: No."
In his interrogation on May 8, 2023 (P/5 – it should be noted that this was a technical investigation for the purpose of taking a blood sample from the defendant), the defendant stated that he did not use drugs and that if remnants of cannabis were found in his blood, it would be remnants from smoking in social circumstances from the previous week and not from the days leading up to the incident. He also claimed that he does not usually smoke.
In his interrogation of 16 May 2023 (P/6), the defendant stated that he smoked occasionally with friends, but not continuously. He also stated that the last time he smoked cannabis with his friends was a few days before the incident (P/6B, pp. 9-10).
As stated, these claims of the defendant are inconsistent with the findings of the blood test conducted on the defendant and with the testimony of Dr. Kanfi. The same does not arise with the words of Kristina, the defendant's sister, who stated in her statement (P/153) that the defendant smokes cannabis, without a prescription.
- As noted, prior to the incident, the defendant had traveled to Migdal HaEmek to meet with his girlfriend, but she refused to meet him and the defendant turned back. According to the accuser, this fact was able to affect the defendant's condition, which is already unstable at that point in time due to the influence of drugs and alcohol, in a way that contributed to his conduct in the incident. In his testimony in court, the defendant denied that his girlfriend's refusal to meet with him upset him. However, an examination of the WhatsApp messages exchanged between the defendant and his girlfriend in this context (P/118) shows that there was friction between the two against this background, and that the words written by the defendant constituted an expression of frustration that he had reached Migdal HaEmek and his face was sat empty.
The first part of the event
- The first part of the incident includes the conduct of the defendant and the deceased while they were driving on the road, starting with the defendant exiting the gas station at the entrance to the access road to the settlement of Gan Ner, stopping their vehicles side by side, the defendant and the deceased getting out of their vehicles, the defendant's shooting in the air, the fistfight between the defendant and the deceased near the deceased's car, and the additional firing in the air by the defendant while the deceased was sitting in his car.
- According to the facts of the indictment, on his way back home from Migdal HaEmek, the defendant stopped again at the gas station near Gan Ner, in order to purchase 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 while the concentration of alcohol in his body in one liter of exhaled air was, as stated, at least 474 mg, which exceeded the concentration prescribed by law.
At the time, the deceased was driving on the road leading to Gan Ner, driving his family's Toyota Land Cruiser. The defendant, who left the gas station as aforesaid, followed the deceased in the direction of Gan Ner.