It should be emphasized that both Kristina and Yaniv have no motive to refrain from telling the truth and complicating the accused. Kristina is the defendant's sister and the defendant himself testified that the relationship between them is good and there is no conflict between them. Yaniv has no previous acquaintance with the defendant, or with the deceased, and there is no reason why his testimony should be cast aspersions. In these circumstances, both the testimony of Yaniv Ben Shimol and the testimony of Kristina are reliable in my opinion. Therefore, I believe that their testimonies should be relied upon, adopted and based on findings.
- Moreover. After returning to the scene with Kristina and meeting Yaniv Ben Shimol, the defendant was arrested by the policeman, Sgt. Ali Abd al-Hadi. In the body camera footage of Ali (P/16), the defendant is seen sitting behind the ambulance and receiving initial medical treatment from MDA personnel. The policemen near the defendant can be heard talking about the seized gun and it was noted, among other things, that the gun had been dismantled and that there were no bullets in the cartridge at all. In this context, the defendant told the policemen: "I shot in the air so many times that I had to give him a couple of shots" (12:52 minute for the video of B/16).
From the aforesaid, it appears that the defendant knew that he had fired two bullets at the deceased and that they hit the deceased. It should be emphasized that the defendant did not mention at all, despite the presence of many policemen around him, that he shot the deceased because he thought he was a terrorist carrying out a terror attack, or because he thought that the deceased was about to take a weapon out of his car. This is consistent with the defendant's statements to Kristina and Yaniv and leads to the conclusion that the defendant's intention in these statements was to fire two bullets at the deceased during a struggle, while the deceased was above the defendant and did not "let go of him", as the defendant put it.