This description is inconsistent with the defendant's claim that he believed it was a terror incident. First, the defendant himself described that he wanted to bypass the deceased because he wanted to get home, but the deceased did not allow him to overtake, gave gas and then brakes and "played with him". Second, the defendant was the one who stopped next to the deceased, opened the window and asked the deceased what he wanted. This detail was omitted by the defendant in his testimony in court. Third, the defendant did not state in this detail that when the deceased swore at him, got out of his car and attacked him, the defendant thought it was a terror incident.
It should be noted that there is no dispute that the description of the sequence of events in the incident, as given by the defendant in his first interrogation with the police, and later also in the reconstruction that was conducted with him (P/3), is inaccurate. Thus, the defendant described, inter alia, that already when he and the deceased got out of their cars for the first time, they began to "walk" and struggle on the floor, and only afterwards did the defendant shoot in the air. He also described two struggles between him and the deceased on the floor. However, both in light of the testimonies of the eyewitnesses, in light of the video documenting the incident, and in light of the testimony of the defendant himself later on, there is no dispute that the incident took place differently.
- Not only that. Although the defendant said in his first interrogation with the police that the deceased may have been a terrorist, he said this in a different context and not in order to explain why he chose to get out of his car with a pistol in his hand. See P/6B, p. 9, paras. 10-15:
"Researcher No. 1, Gil Alon: ... I go back for a moment to the moment of the meeting between you, what is the distance between the gate of the settlement and the place itself?
Interrogee, Dennis Daniel Mukin: 300 meters. I also don't even know what he did in ... In this direction, another two hundred or three hundred meters is the entrance to the settlement of Gan Ner. I don't know what this slut son terrorist did at the entrance to the settlement, I don't know, where he went and what he wanted to do, it could be that he even planned an attack inside the community and luckily ... That this slut son came across me.