Verdict
Judge Yossi Topf [Presiding Judge]:
Indictment 4
The Defendant’s Response to the Indictment 5
The Fence of Dispute. 6
Summary of the accuser’s arguments. 6
Summary of the defense’s arguments. 7
Discussion and Decision. 7
Attempted murder offense. 8
The Ottoman Settlement [Old Version] 1916Identification of the Accused as the Perpetrator of the Shooting by the Complainant 13
12-34-56-78 Chekhov v. State of Israel, P.D. 51 (2)The complainant’s statement taken at the hospital 13
The complainant’s testimony in court 14
Statements of the complainant’s wife to the police. 16
Testimonies of the police officers who collected the messages and relevant actions taken by them 18
Testimony of the complainant’s wife. 19
Statements of the complainant and his wife made outside the walls of court – admissibility and weight 20
The nickname “Yayo”. 31
Possible motive. 34
Identification of the Defendant by the Complainant as the Perpetrator of the Shooting – Discussion and Conclusions. 38
Requirement for evidentiary reinforcement 45
Footage from security cameras and municipal cameras. 46
Search and penetration of security cameras – normative infrastructure. 49
Seizure and penetration of security cameras in the case before us. 58
Admissibility of Videos Seized by Virtue of the Doctrine of Judicial Disqualification. 64
Identification of the defendant in the footage. 71
The searches conducted on the defendant’s body, the building’s warehouse and the defendant’s apartment 75
Testimonies of the police officers who carried out the searches. 75
Legality of searches. 79
Matching Objects Seized in the Defendant’s Possession with Objects Documented by Security Cameras 85
The weapon used to carry out the shooting and findings from the scene of the incident 87
The Presence of Gunshot Remains at the Defendant and the Detainees. 88
Expert Opinion on behalf of the Prosecution – Dr. Osnat Israelzon. 91
Expert Opinion on behalf of the Defense – Mr. Avner Rosengarten. 94
Gunshot Remains – Conclusions. 98
Incriminating behavior and the beginning of a confession by the defendant 101
Police interrogations of the defendant 104
Implications of the Defendant’s Silence in His Interrogations with the Police. 105
The defendant’s testimony in court 107
Identification of the defendant as the shooter based on the body of evidence. 111
Copied from Investigation Failures 112
Existence of the Elements of the Offense of Attempted Murder. 114
Serious injury under aggravated circumstances. 117
Carrying and transporting weapons illegally. 120
Obstruction of justice. 122
Unlawful possession of a knife. 125
Conclusion. 127
Indictment
- The indictment that was filed against the defendant, which was later amended, attributed to him the commission of the following offenses: Attempted murder, by Section 305(1) of the Penal Law, 5737-1977 (hereinafter: "Penal Law"); Serious injury under aggravated circumstances, by Article 333 Together with Section 335(a)(1) to the Penal Law; Carrying and transporting weapons illegally, by Section 144(b) to the Penal Law; Obstruction of justice, by Article 244 to the Penal Law; Holding a knife or fist for a non-kosher purpose, by Section 186(a) to the Penal Law.
- According to the indictment, the defendant and the complainant have known each other for many years, inter alia, against the background of living in close proximity. Prior to July 20, 2022, a dispute arose between the two, the nature of which is not known to the accuser (hereinafter: "The Conflict"). Moving to 12:40 p.m., the defendant learned that the complainant was expected to be in the area of the String, Nardor and Sumkan streets in Tel Aviv-Jaffa (hereinafter: "The Venue"), during the late afternoon hours of that day. At approximately 12:45 P.M., the complainant arrived at the scene, accompanied by his wife when she was six months pregnant (hereinafter: "The complainant's wife") and his one-year-old toddler son. The complainant went to the barbershop in the commercial center on Sumkan Street (hereinafter: "The Hairdresser"), while his wife and son entered the playground located nearby, between building No. 15 on Sumkan Street and building No. 20-22 on Nardor Street (hereinafter: "The playground"), and waited for the complainant.
At approximately 12:55 P.M., the defendant arrived at the scene, riding an electric bicycle, wearing black clothes, wearing a helmet covering most of his face, and in possession of an improvised "Carlo" weapon, capable of firing a bullet capable of killing a person (hereinafter: "The Weapon"). The defendant approached the complainant near the entrance to the barbershop and asked to speak with him about the dispute. The complainant ignored the defendant and went into the barbershop in order to get a haircut. The defendant rode the electric bicycle, entered under building 20-22 on Nardor Street at around 12:56 P.M., and waited for the complainant to leave the barbershop. At around 1:17 P.M., after the complainant had finished cutting his hair, he headed towards the playground. The defendant approached the complainant, riding the electric bicycle, and began to talk to him at the entrance to the playground, while the complainant walked towards his wife and son, who were in the swing facility. The defendant again asked to speak with the complainant, who replied that he was not available to speak now and that they would talk at a later date, and joined his wife and son. The defendant continued driving and entered under building No. 15 on Sumkan Street, which is located near the playground. A minute and a half later, the defendant got off the electric bicycle, took the weapon out of the delivery bag that was in the front of the electric bicycle and ran towards the playground. At the same time, the complainant was standing near the swing device and rocking his son, while his wife was sitting next to them on another swing. The defendant ran towards the complainant, holding a weapon, shouted at him, "Keep the girl away", pointed the weapon at his body and fired the weapon towards the complainant's upper body with the intention of causing his death, while the complainant was near his toddler son and his wife, and called out to the defendant: "Don't shoot my son." One of the bullets hit the complainant in the upper abdomen and exited his body. The complainant fled from the garden by running towards Sumkan Street, while the defendant chased him and continued to shoot until he encountered a weapon stopper and returned to his tracks. The defendant then fled the scene on his electric bicycle, changed his clothes at home and hid the weapon in the beach area of the city of Jaffa, all with the intention of preventing or thwarting a judicial proceeding.