An examination of the body found several abrasion wounds. The abrasion sores behind the left earpiece and at the base of the neck on the left can be suitable for a blow(s) or a fall. The rest of the abrasion sores - on the right side of the face, on the right elbow, in the front of the right knee and on the back of the right foot, are suitable for falling.
No alcohol or drugs/drugs were found in the samples of body fluids requested.
- The defendant described in his testimony that after the additional shot he fired in the air, while the deceased was sitting back in the driver's seat of his car, the deceased attacked him and punched him in the face. Afterwards, the deceased jumped up and tried to take the gun from the defendant's hands, and the defendant moved the weapon away from him. Then the deceased attacked the defendant with blows, the deceased and the defendant fell and began to struggle on the floor: "After I shoot again in the air he pounces on me, first with a fist in front of his nose, then he jumps in the direction of my weapon and I just move the weapon away from him, he jumps on me with blows and we both fall to the ground literally rolling on the floor in a struggle" (p. 532 of Pruth, paras. 16-19). The defendant emphasized that: "... During this whole struggle, the only thing I tried to do was somehow deal with him with my hands and keep the weapon away from him, it's the most critical thing I had in my mind that he wouldn't snatch my weapon." (ibid., paras. 24-28). The defendant further described that during the struggle between them on the floor, the deceased tried to pull the weapon out of the defendant's hands.
- Viewing the video of the incident shows that the struggle between the defendant and the deceased at this stage of the incident escalated from a handshake that developed while the deceased was sitting in the driver's seat of his car. According to the video, the deceased got out of his car and began to struggle with the defendant, until they both fell on the road. It should be noted that at this stage of the struggle, it appears that the deceased was the one who attacked the defendant, when the defendant was pushed back and lost his balance. The video also shows that this is a mutual struggle between the defendant and the deceased, to a large extent, with the defendant lying on his back with the deceased on top of him. During the entire struggle, the defendant is still holding the gun drawn in his right hand.
- As stated, the defendant claimed that the deceased tried to pull the gun from his hand during the struggle between them, while the defendant struggled to prevent the deceased from snatching the weapon. From watching the video documenting the incident (P/112, video after the improvement of P/97), it appears that the deceased did indeed try to grab the gun, or perhaps the hand of the defendant that was holding the gun. For the sake of convenience, we will turn to the points in the video T/97, in which the playback rate of the video has slowed down to 25%.
4:07 min: The deceased got out of his car and charged at the defendant, who was pushed back.