Caselaw

Serious Crimes Case (Tel Aviv) 14098-08-22 State of Israel v. Ashbir Tarkin - part 70

September 9, 2025
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Attached to the opinion was an "Appendix - Interpretation of the Findings", in which it was stated, inter alia, that the presence of gunshot remains in the samples attributed to a two-wheeled vehicle indicates that a shot or shots were fired inside the two-wheeled vehicle or very close to it, using ammunition from the aforementioned groups; Or the areas in the two-wheeled vehicles from which the samples were collected came into contact with a person or object, such as a weapon, that was contaminated with remnants of ammunition fire.  Regarding the presence of gunshot remnants in the samples attributed to the suspects, the following possibilities were listed: the suspect fired a firearm and ammunition of the type specified; The suspect was in the vicinity of another person, or other persons, when they fired firearms and such ammunition; The suspect came into contact with a person or object, such as a weapon, that was contaminated with bullet remnants of the ammunition.  Regarding the presence of gunshot remnants in the samples of the items of clothing, it indicates the following possibilities: the owner of the items of clothing, or another person, fired a firearm, using the ammunition indicated while wearing the items of clothing examined; the items of clothing were near another person, or other persons, when they fired the firearm and this ammunition; The items of clothing came into contact with a person or object, such as weapons, which were contaminated with bullet remnants of the ammunition.  It was also noted that the detection of remnants of gunfire in one or two of the samples is of limited significance in this type of test.

In her testimony in court, Dr.  Israelzon stated that 95% of the types of ammunition in Israel belong to modern Western munitions (p.  455 of the protégé).  The witness explained that in the process of shooting, a cloud of particles emanating from the shooting process spreads, including remnants from the gunpowder, the bullet, the backpack and the weapon.  The test is designed to detect remnants of the pod produced at the base of the pod and contains a mixture that initiates the firing process, including the initiating substance, oxidizing agent, and a fuel substance containing metal.  Due to the extreme conditions created during the firing process due to high temperature and pressure, the material evaporates and solidifies rapidly.  The test detected tiny micron-sized particles containing three specific heavy metals: lead, barium and antimony together in the same particle.  These are tiny particles the size of microns.  Finding a particle that contains these three metals leads to the conclusion that it originated from an explosion in the patella.  According to her, to date, no other source of such particles is known other than the pica explosion.  As for the dispersion of the particles during the shooting, Dr.  Israelson said that the scattering was on the shooter himself, his clothes and his immediate surroundings.  This is a scattering over a few meters around the shooter (pp.  451, 453 of the protégé).

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