The defendant, Mr. D. Mukin : From the aggressiveness, from the body movements, from the curses from the way he actually ran towards me, opened the car and ran towards me, I don't know what he had in his hands, I felt fear at that moment, I felt threatened, I felt threatened.
Adv. Y. Singer : By the way, when he apparently shrugs off the initial shot and turns around, why don't you shoot him? He walks to the car with his back to you, why don't you shoot him or when he's sitting in the car? A hostile target.
The defendant, Mr. D. Mukin : Yes, I have to add a moment about why you don't leave the place even if I turn my back on him and start walking, he can run me over with the jeep with one push of a pedal, I wanted to see that this incident ended peacefully, I don't shoot the whole incident at all.
Adv. Y. Singer : I know, explain why.
The defendant, Mr. D. Mukin : Because I didn't feel that he was endangering my life in a way that... He doesn't have them, he's both. (Thus in the original - a note by Y.S.) An unarmed person, I did not identify a weapon and as soon as I did not identify a weapon I will not shoot at a person who is not armed, it is not,
Adv. Y. Singer : What was your goal?
The defendant, Mr. D. Mukin : My goal was for him to leave."
In light of these explanations of the defendant, it is not clear why when he saw that the deceased was unarmed, as he said, the defendant did not let go of the deceased and left the place, thus bringing the incident to an end. It's as simple as that. The fact that even after the defendant saw that the deceased had left his car empty-handed and even returned to his car and did not take out any weapon from him, but rather sat in the driver's seat, the defendant continued to shoot in the air near the deceased's head, instead of returning to his car and disengaging from the situation, shows that the defendant wanted a confrontation with the deceased and caused the incident to escalate by his behavior.
- The defendant was asked about this "in Rachel, your little daughter" in his cross-examination, but he was unable to reconcile the matter. Thus, at pp. 555-557 of the protégé:
"Adv. Y. Katz: Why didn't you shoot him? You said before.