The defendant also stated in his testimony that he asked Kristina to come with him to the scene and tell the police that she was driving the car, because he feared that he would be caught driving while disqualified.
In these circumstances, the elements of the offense of impeachment have been formed in the investigation attributed to the defendant and he should be convicted of committing this offense.
Intentional sabotage of a vehicle
- This offense is fixed In Section 413E of the Penal Law, which is as follows:
"413E. Whoever destroys or intentionally damages a vehicle or part thereof shall be sentenced to five years' imprisonment."
As attributed in the indictment and in accordance with our determinations above, some of the bullets fired by the defendant from his pistol hit the deceased's car and caused damage to the vehicle.
The report of the seizure of exhibits prepared by forensic investigator Noam Amer (P/60) shows that "The environment of a hole that looks like a bullet inlet hole in the windshield of a trunk on the left side was modeled" of the Toyota vehicle, which is the vehicle of the deceased (see Memorandum of Clarification in this Context P/63).
In the scene inspection report conducted by Amer (P/64) it was written that the inspection of the Toyota vehicle found that "A hole that looks like a bullet entry hole in the trunk window of the left side. A hole that appears as a bullet entry hole and as a continuation of the hole in the windshield, in the cover of a beam between the windshield frame and the rear left door.". Yes found "A hole that looks like a bullet hole in the driver's door".
In these circumstances, the elements of the offense of willful sabotage of a vehicle attributed to the defendant were also crystallized.
Summary:
- At the end of the day, in view of all of the above, I have come to the conclusion that the accuser was able to prove beyond a reasonable doubt the acts and offenses attributed to the defendant in the indictment. However, in my opinion, the defendant should be convicted of murder with indifference, as opposed to intentional murder.
Therefore, I would suggest to my colleague that the defendant be convicted of the offenses attributed to him in the indictment, subject to his conviction of murder with indifference.