12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)
- At the same time, the deceased also got out of his car and stood next to him. The defendant reached the deceased and the two began to fight. A few seconds later, the deceased got into the Toyota and sat down in the driver's seat while arguing with the defendant who was standing next to him. The deceased tried to close the door of his car, but the defendant did not move and a fistfight broke out between the two. In the meantime, the defendant fired his pistol several times.
- The fistfight, which broke out inside the Toyota when the deceased sat in the driver's seat, continued outside the vehicle, along the entire width of the road and up to the railing on the other side of the road (hereinafter: "The railing"). All the while, while he was arguing and exchanging blows with the deceased, the defendant held his pistol on alert.
- Near the railing, the defendant and the deceased fell to the ground and continued to roll and exchange blows. In the meantime, the defendant fired two shots at the deceased in the upper body, at close range: one in the chest and one in the left shoulder, with the intention of killing him.
- The deceased, who felt that he had been hit, fled back to Toyota, turning his back on the defendant. The defendant stood up, and while the deceased ran to his car, he aimed his pistol and fired several shots at the deceased with the intention of injuring him and killing him, until the ammunition in the magazine of his pistol ran out. The deceased arrived at the Toyota and collapsed near the door of his car.
- The defendant, who saw that the deceased had collapsed, approached him, looked at him, and then continued to the Mitsubishi that was standing nearby and quickly left the scene.
- Bystanders who witnessed the murder called the medical forces, who performed CPR on the deceased, but to no avail. He was taken to the hospital, where he was pronounced dead.
- The defendant arrived at his home and picked up his sister Kristina (hereinafter: "Kristina"), asked her to tell police investigators that she was the one driving the Mitsubishi when the shooting and the two returned to the scene of the murder, with Kristina driving the Mitsubishi. The defendant did this due to the fact that he was disqualified and drunk, and in order to disrupt the investigation in his case.
Copied from Nevo18. When the defendant arrived and Kristina returned to the scene, Kristina told the policewoman who was at the scene that she was the one driving the Mitsubishi, in accordance with the defendant's instructions. A short time later, Kristina retracted her statement and told the police investigators the truth.
- As a result of the defendant's actions, the deceased suffered two bullet wounds in his chest and left shoulder, as well as bullet exit wounds in his back. He also suffered abrasions on his head and left side of his body. The bullet that penetrated the deceased's chest passed through his heart and lungs and caused his death. In addition, additional bullets hit the deceased's car and caused damage to the vehicle.
- According to what is alleged in the indictment, by his actions described above, the defendant intentionally caused the death of the deceased. In addition, the defendant drove the car while he was on suspension knowing that his license had been revoked, and drove the car while intoxicated, both because of the drugs he consumed and because of the alcohol he drank. In addition, the defendant deposed Kristina and motivated her to give a false statement during the interrogation according to the law, and also deliberately damaged the deceased's Toyota car.
The defendant's response to the indictment and the sequence of events in the proceeding:
- At the hearing on September 26, 2023, the defendant denied the charges against him in the indictment, in the context of the murder offense. Thus, he argued that: "... The shooting that caused death is the firing of a bullet that was fired during a struggle on the ground, and therefore, except for causing death by negligence, the defendant cannot be held criminally responsible.". He also argued in this context that contrary to what was claimed in the initial opinion from the Institute of Forensic Medicine, the deceased was shot in the chest at close range and not shot in the back from a distance. On the other hand, counsel for the defendant clarified that he did not dispute that the defendant acted in disqualification.
- In these circumstances, the parties' evidence was heard to the fullest, and then the parties summarized their arguments in writing and completed their oral summaries.
The parties' evidence:
- The accuser's evidence included the testimonies of the deceased's parents – Ahmad and Zohar Omri; Eyewitnesses Tomer and David Haimovitz, Assaf Cohen, Raniel Shlomo and Asa Gyari, Dr. Andrei Kotik of the Institute of Forensic Medicine in Abu Kabir, Dr. Yaniv Kanfi of the Tel Hashomer Hospital Laboratory, MDA paramedic Roy Ben Yitach, Security Officer Ituran Leo Lenchevsky, Gan Ner Yaniv Ben Shimol's Chief of Security, and the defendant's sister, Kristina Finkelstein. The policemen also testified as Sgt. Jimmy Sarhan, Sgt. Bashir Shahin, Sgt. Gil Alon, Sgt. Ali Abd al-Hadi, Sgt. Sameh Hareb, Sgt. David Huli, Sgt. Noam Amar, Sgt. Shaul Wurmbrand, Sgt. Noya Chelia Cherbo, Sgt. Faten Hamati, Sgt. Hezi Ziv, Sgt. David Mordechai, Sgt. Muhammad Grifat, and Sgt. Uzi Butbul.
Documents prepared by additional police officers, doctors, MDA paramedics, the Institute of Forensic Medicine, the Office of Licensing, Firearms Licensing and a death certificate were also submitted with consent, thus rendering the testimonies of the relevant witnesses redundant.