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Serious Crimes Case (Tel Aviv) 14098-08-22 State of Israel v. Ashbir Tarkin - part 66

September 9, 2025
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(b)  Long pants in black, with a symbol made up of three white symbols, which are also seen in a video taken from a camera at 22 Nardor Street.

However, these are not unique, rare or unusual items of clothing.  However, the combination of those clothes, including the identifying marks, which there is no dispute that the defendant was wearing on that day, shows exactly the same clothes that were recorded on the cyclist in the videos from the security cameras.

The weapon used to carry out the shooting and findings from the scene of the incident

  1. On July 20, 2022, Policeman Balalo, who served as an investigator at the scene, prepared a report on the seizure of exhibits from the scene. According to this report, the policeman arrived at the scene at 2:00 P.M.  and seized a 9 mm live bullet and a 9 mm Naqor shell that were found on the ground, 2 meters apart, near the southwest exit path of the park in the direction of Nardor Street; In addition, a bullet was found on the ground on the western side of the garden near the swing device, about 8 meters north of the pecking cartridge (P/67).

On July 21, 2022, Policeman Balalo prepared a summary report of the forensic investigation, in which he described the scene as follows: A public playground surrounded by buildings located between Sumkan, Nardor and Rubinstein Streets, which has three entrances and exits.  On the eastern side of the garden there is a playground and on the western side of the garden there is a swing facility.  The scene where the shooting took place is located on the western side of the garden, near the swing device and near the southwestern entrance (P/70).

Attached to this report were photographs of the playground from various angles, a photograph of the location of the non-pecking live ball (in the arena with the help of Cone 1), a photograph of the location of the pecking pod at a distance of about 2 meters north of the live ball (photographed in the arena with the help of Cone 2), and a photograph of the location of a bullet near the swing device at a distance of about 8 meters north of the pecking pod (in the arena with the help of Cone 3).

  1. On July 27, 2022, Officer Lionel Buchovza, a weapons lab officer from the Forensic Division, conducted an "expert opinion," which revealed that the weapons lab received a 9mm parabolum backpack and a bullet in sealed envelopes. An examination of the exhibits revealed that the cartridge had been fired from a weapon, apparently from an improvised submachine gun or another weapon that bore similar semblance marks.  The weapon that fired the backpack had previously fired at a vehicle on September 27, 2017.  The bullet was apparently a 9 mm parabellum caliber, and marks were found on it indicating that it was fired from the barrel of a weapon, apparently from an improvised or worn barrel or from another weapon with similar barrel characteristics (P/79).

The Presence of Gunshot Remains at the Defendant and the Detainees

  1. Searches of the defendant's apartment and the building's warehouse yielded an electric bicycle, a helmet, and a delivery bag; as well as a shirt and trousers, which the defendant pointed to as items of clothing that he had worn only before. A backpack and a bullet were seized at the scene.  These exhibits were taken to the police station and transferred for forensic examination.  An examination of the exhibits at the Signs and Materials Examination Laboratory of the Forensic Division of the Israel Police revealed the existence of gunshot remnants with materials that matched the composition of the ammunition found in the backpack collected at the scene of the shooting.  The accuser asked to see the findings of the shooting as evidence linking the defendant to the shooting incident.  The defense submitted an expert opinion on its behalf, on the basis of which it argued that no evidentiary weight should be attributed to the findings of the shooting remnants due to the contamination of the exhibits prior to their examination, and that the possibility of a "secondary transfer" was not ruled out, or at least that their evidentiary weight was limited.
  2. The manner in which the exhibits are perceived and transported - from reports The operation Conducted by police officers Ofer Maksumov, Ezra Tsagai, Gennady Pashayev and Mananel Hamo (P/1-P/4), it appears that a report of the shooting incident was received at 13:21:57 and that the police arrived at the scene at 13:27:50. Policeman Maksumov stated in his action report that he had patrolled the scene of the incident that the complainant's wife had pointed out and identified a backpack and a 9 mm bullet (P/1).  Policeman Maksumov stated in his testimony that he preferred to remain at the scene of the shooting in order to make sure that no people would arrive and that evidence would not disappear, and that the role of the patrol officers was to close the scene (pp.  29-30).  to Pruitt).  Policeman Pashayev stated in his testimony that he tried to keep people away from the scene in order to isolate it (p.  49 of Pruth).
  3. In an action report prepared by Policeman Aharon Cohen (P/10), it was stated that he carried out the search of the defendant's apartment while wearing gloves. The defendant led the police officers to his room in the apartment.  An upside-down shirt was found on a stroller in the room, from which a strong smell of sweat matched the suspect's shirt from the scene of the incident.  Near the front door, Officer Cohen noticed pants that met the description and were placed on a bag.  The defendant wore black "Under Armour" shoes that were filled with sand at the bottom.  It was noted that each exhibit (shirt, pants, shoes and two telephones) was placed in a separate envelope, marked at the police station and transferred to Yiftach for further treatment.
  4. In the search report conducted by Officer Cohen (Exhibit 11), it was noted that during a search of the defendant's apartment and the warehouse, a black short shirt and long black pants were found in the bedroom, a pair of black shoes and a black knife on the defendant's body, an electric bicycle, a helmet and a bicycle carrying bag in the warehouse, keys to the storage room and two telephones in the defendant's possession. In his testimony, Officer Cohen stated that he put the items he seized during the search of the apartment into police envelopes, and in accordance with police procedure, sealed bags that could not be opened and resealed were used for items that were money and drugs (pp.  173-174 of the protégé).  According to him, he marked the bags at the police station (p.  175 of the protégé).
  5. In an action report prepared by Policeman Ziv Sardes (P/8), it was noted that the bicycle, helmet and delivery bag found in the warehouse were handed over by him to the Special Patrol Unit team while he and the Special Patrol Unit team were wearing gloves for the ceremony. In his testimony, Officer Sardes stated that he guarded the warehouse until a Special Patrol Unit team arrived at the scene and together with them, the seized men were removed from the scene wearing gloves and transferred to a police vehicle (pp.  145-146, 148 of the Prout).
  6. The action report prepared by Policeman Matanel Hamo shows that the bicycle, helmet and delivery bag were taken to the police station while lying on a bench in a car. A photocopy of the exhibits (P/4) was attached.
  7. Policeman Shimon Elad Balalo He presented four reports that he prepared as part of his role as an arena researcher:

(a)  A report of the seizure of exhibits from the scene prepared by Policeman Balalo on July 20, 2022 at 17:35, according to which he arrived at the scene at 14:00 and caught a 9mm live bullet that was not stabbed on the ground near the southwest exit path of the garden in the direction of Nardor Street.  Backpack A 9 mm naiquor found on the ground near the southwestern exit path of the garden towards Nardor Street, about 2 meters north of the live bullet, and a bullet that was found on the ground on the western side of the garden near the swing device, about 8 meters north of the pecking pod.  The exhibits were put by the policeman in envelopes and secure bags marked by him (P/67).

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