Therefore, I found that the findings of the shooting remnants should be given real weight as evidence linking the defendant to the shooting incident.

Incriminating behavior and the beginning of a confession by the defendant

130. Officer Emanuel Aviv prepared an action report on July 20, 2022 at 13:21, in which he documented, inter alia, that during the search of the defendant's room in his family's apartment, the following conversation took place between him and the defendant: "The detainee told me that there was nothing in the house and that he didn't understand why we had come to him. I told him that I didn't just get to him and so quickly, and I asked him again if he understood why I was with him, the detainee told me that it must have something to do with the shooting, I asked him what I was looking for, you want to tell me, the detainee nodded with his head and pointed to me with his right hand the shape of a gun.  I told the detainee if he was willing to show me where it was, the detainee told me that he was afraid for his family and that I would promise him that I would take care of him and his house, and then he would take me to the area where he put it in the area of the sea in Jaffa.  I told him to stop, I couldn't promise him such a thing because I couldn't be a security company, and that he had to tell the interrogation exactly why he was afraid and what happened that made him do what he did.  At this point, I ended the conversation with the detainee because he didn't want us to talk anymore because I don't promise him anything he asks for" (P/12).

Officer Aviv repeated these words in his testimony as well, in response to the defense attorney's questions, and claimed that the defendant had marked the shape of a gun in his right hand, and even clarified that at that stage he had not told the defendant that this was a shooting incident (pp.  193-195 of Prut).

The testimony of Officer Aviv is corroborated by the action report prepared by Policeman Ambiela Tesfahon dated July 20, 2022, according to which during the search he was asked by the defendant's mother what her son had done and what he was suspected of, and he replied that he could not tell her (P/62).  As stated, the defendant's mother was present in the search for her son.  These statements strengthen the version that at that stage the defendant was not informed of the shooting incident attributed to him.

131. In the defendant's arrest report on July 20, 2022, at 15:25, it was recorded that the defendant asked in his response to the arrest: "I need you to take care of my family so that they don't get hurt" (P/13).
132. It was noted that at the time of the defendant's arrest Under Armour black shoes that were filled with sand at the bottom (P/10). However, since no evidence was presented regarding the type of sand and/or an attempt to trace its source, I did not find any weight to be given to this detail.
133. During his interrogations with the police, the defendant was asked about the movement of his hand in his home when Officer Aviv pointed to the shape of a pistol in his right hand, and asked him to protect his home and family, but he chose to remain silent (P/74A, P/74B). In his testimony in court, the defendant denied that he had shown the policeman the shape of a gun, as well as that he had told the policeman to show him where he had hidden the gun if he promised to protect his family (pp.  616-617 of the protégé).
134. The question therefore arises as to whether the above description constitutes a first confession on the part of the defendant. As is well known, a "first confession" is a statement or behavior by a defendant that expresses a sense of guilt or an admission of guilt, but does not amount to a full and explicit admission of the commission of the offense; It serves as independent evidence with weight, and can be an aid or support to other evidence, but it is not sufficient as an independent basis for a conviction.  In contrast to a full confession, which is a direct and perfect admission of the existence of an incriminating fact or the commission of the offense, first a confession reflects a sense of guilt without an explicit admission of an incriminating fact.  A confession, including a "first confession", does not have to be explicit, and it may also be implied.  It is required to be done by way of expression, whether orally or in writing, and can even include expression through gestures and signs.  Incriminating behavior, such as one that expresses a sense of guilt or leads to a complicating conclusion, also constitutes a kind of "first admission" of behavior (see: Yaniv Vaki Law of Evidence Vol.  2, p.  881 (2020)).
135. The movements of the defendant's hands and fingers, as described by Officer Aviv without being concealed, constitute incriminating evidence, with all that this entails in the circumstances of the case, to the extent that it can be viewed as a "statement", and in this regard I will refer to what is stated in the book of the Honorable Justice Y. Kedmi, "On the Evidence" (Part One), The Law in the Light of the Ruling, 5770-2009, at p.  21: "Such expression can and will be in speech, may and will be in writing; And there is no impediment to the "body language," that is, in the signs and movements that "speak" for themselves.  This is how the matter was expressed in C.A.  4004/93: 'As is well known, an external confession...  may be made orally before any person, provided that it meets the conditions of admissibility set forth in section 12 ...  With regard to its evidentiary weight, it is clear whether it was made in writing and before a person of authority, or orally, including in 'movements and signs' before someone who is not a person of authority'; And later on, "In my opinion, there is no impediment to 'saying'...  It will be expressed in "movements and signs" that serve as a "substitute" for text or writing, and "speakers" as such in their own right.  Therefore, the silent filming of meaningful 'movements and signs' would become, in my opinion, a 'written statement' for the purposes of section 10a..." (p.  166 of the judgment)".
136. For our purposes, Officer Aviv described what he saw with his own eyes, and also testified about the content of the conversation he had with the defendant, which is sufficient to strengthen the visual description. Marking the shape of a gun in the hand by a suspect can be considered a "first confession", since case law recognizes that a confession, including the beginning of a confession, can be expressed not only in explicit statements but also through gestures, gestures, and behavior that express a sense of guilt.  Therefore, I am of the opinion that the defendant's hand movement, as well as his attempt to conduct a kind of negotiation with Officer Aviv, in that he offered to find out where he had hidden the weapon, which he allegedly marked with his hand gesture, in exchange for the police's undertaking to protect him and his home, is sufficient to serve as a "first confession" indicating guilt on the part of the defendant.  However, a "first confession" is not sufficient in itself for a conviction, but rather serves as corroborating evidence or as "something additional" to the totality of the evidence.
137. I also reached the same conclusion in connection with the defendant's statement during his interrogation with the police on July 27, 2022, when he was interrogated for the fourth time, after consulting with his lawyer. As will be detailed below, the defendant did not cooperate in his interrogations with the police and adhered to the right to remain silent.  However, when he was accused that if the complainant did not survive, he would violate the command, "Thou shalt not kill," the defendant replied in the following terms:Leave now, regardless of what you said, if you don't kill, there is such a thing in the Torah as early to kill you, to kill him early" (P/74A, P/74B).

It should be noted that these statements were made against the background of the defendant's statements in that interrogation, from which it can be understood that as far as he is concerned, he was a victim of economic fraud.  And he said: "I've been deceived, I've not lived all my life, okay? They deceived me, threatened me, did things to me, signed me to friendship, I complained, you are nothing, you don't help with anything, you are killing a person little by little, his soul" ...  "Friends have signed me off on things I don't know, which are threats...  They burned down my building...".