The main question is whether it is possible to learn from all the circumstances that in the seconds in which the two shots were fired, during a struggle on the ground, at close range, when one of them hit the deceased's chest and led to his death, the defendant intended to cause the death of the deceased. Although there are circumstances from which it is possible to learn about the applicability of the presumption of intent as detailed by Judge Abu Asaad, such as the fact that two shots were fired and these were fired at close range, additional data cast doubt on the defendant's intention. Among other things, the shooting in the air a few seconds earlier and the fact that during the struggle on the ground the deceased tried several times to reach the gun or grab the hand that was holding it. In response, initially, the defendant repeatedly moved his hand away, while moving the gun away from the deceased until he fired at him. The shooting was carried out during the scuffle. The defendant's conduct afterwards does not necessarily lead to the conclusion that he intended to kill the deceased, although there is no doubt that he was indifferent to this outcome, and therefore he continued to shoot at him and did not make sure to call for help when he realized that the deceased had been injured.
The fact that the defendant fired two shots at close range during the struggle does not necessarily lead to the conclusion that he wanted the death of the deceased, given the other circumstances. See, for example, in Criminal Appeal 5977/24 Victor Katan v. State of Israel (December 14, 2025), where the defendant was convicted of murder with indifference (under intentional homicide, as attributed to him) after following an argument over parking, and after seeing that the deceased had pushed his wife, he got out of the car, shouted at the deceased, then turned toward his car, took the gun out of his bag, approached the deceased, and without any warning or statement. He shot him at close range and hit him in the upper part of his right thigh. Later, and despite the shouts of those present that he should stop his actions, he aimed the pistol at the deceased's upper body and fired another shot at him, as a result of which the deceased died. See also Serious Crimes Case (Hai District) 1797-05-23 State of Israel v. Azuka (June 3, 2025), where the defendant was convicted of murder with indifference as part of a plea bargain, after he admitted that he entered the store masked, wearing gloves on his hands and the gun in his hand, and fired at the deceased who was standing behind the counter, about seven shots, from a short distance.