At the time of his arrest, on July 20, 2022, at approximately 3:30 P.M., the defendant was holding a folding knife with a fixed blade about 6.5 cm long in his pants pocket.
As a result of the defendant's aforementioned actions, the complainant suffered an entry wound in the upper abdomen, an exit wound in the stomach and back in the left waist area, a large tear in the liver, a tear of the spleen of the second degree, and an injury to the left kidney. The complainant was rushed to Wolfson Hospital, treated in a shock room, and then anesthetized and put on a ventilator, underwent a partial liver resection and received many blood units. The complainant remained anesthetized and on a ventilator until July 28, 2022, when he regained consciousness.
In his actions described, the defendant intentionally tried to cause the death of the complainant, causing him serious injuries while carrying a firearm. In addition, the defendant carried and transported a weapon without legal permission to carry it or transport it, committed an act with the intention of preventing or impeding a judicial proceeding, and held a knife on his body outside the boundaries of his home or yard without proving that he did so for a legitimate purpose.
The Defendant's Response to the Indictment
- The defendant, through his counsel, confirmed a "somewhat" acquaintance between him and the complainant. The defendant denied everything attributed to him in the indictment, except for the possession of the knife described in his pants pocket, for a "legitimate purpose", which is "for the purposes of his work". It was argued that in any event, the defendant's intention to kill would not be proven.
The Fence of Dispute
- The defense does not dispute the manner in which the incident occurred as described in the indictment, but rather the identification of the defendant as the one who carried out the shooting (see paragraph 97 of the defense's summaries). Alternatively, the defense argued that if it is determined that the accuser met the burden of proof that the defendant fired at the complainant, then the act and the mental element amount to the offense of causing injury at most.
- The indictment accuses the defendant of attempted murder, causing serious injury under aggravated circumstances, carrying and transporting a weapon illegally, and possession of a knife for an improper purpose.
The defendant admitted to the existence of prior acquaintance between him and the complainant, but denied the acts attributed to him, except for the possession of the knife that he had tasted for the purposes of his work.