Criminal Case 80042-12-24 Department for the Investigation of Police – Circular v. Ohad Mordechai Goldberg - part 5

Criminal Case (Shalom Beer Sheva) 38316-12-19 State of Israel - Department for the Investigation of Police v.  Manos (8 November 2021) in which the court refrained from convicting a police officer who placed his police pistol with a magazine containing bullets in a drawer in a bedroom, and his 5-year-old partner's son took the gun that was left unattended, played with it, and as a result a bullet was fired that hit the dresser in the bedroom and then the wall of the room, taking into account the circumstances of the offense and the circumstances of the defendant.

Criminal Case 28340-08-11 (Shalom Yerushalayim) State of Israel v.  Levy (July 20, 2015), in which the defendant was convicted on the basis of his confession in an amended indictment of offenses of recklessness and negligence under section 338(a)(5) of the Penal Law and intentional damage, worked as a security guard at a waste site and carried his personal gun with him, when an argument developed between him and another who was at the site.  The other raised a nail-bitten board and in response the defendant pulled out his pistol and fired two shots at the vehicle behind the other.  As a result, a person standing next to the vehicle was injured and required medical treatment, as well as two vehicles.  The court ordered the conclusion of the proceeding without a conviction due to concern that a conviction would impair the defendant's ability to take part in security tenders and the defendant's desire to adopt a child.  No appeal was filed.

Criminal Case (Shalom Be'er Sheva) 49735-09-11 State of Israel v.  Tamam (10 July 2012) in which the defendant was convicted on the basis of his confession of committing the offense of negligence with a firearm, in circumstances in which the defendant, who was a police officer, stepped his pistol and pulled the trigger while pointing downwards.  As a result, a bullet was fired that hit the complainant's leg and as a result the complainant suffered severe damage - a fracture of the ankle joint and fractures of the talus and heel bone.  The complainant's fractures were fixed with screws and he had a cast on his leg.  The court refrained from convicting the defendant and ruled that the circumstances of the act and the act make it possible to avoid a conviction - in relation to the perpetrator - the conviction is liable to harm the defendant to a considerable extent, given his young age when he had just begun his life after military service, as he was a security worker in military service and had acquired the profession of a policeman.  In relation to the act, it was determined that this was an incident that stemmed from negligence, i.e., lack of awareness of the nature of the act, the discharge of the bullet, in the framework of military service, at the end of a busy day of activity in the field, which led to the injury to the friend's leg.  The defendant's conduct after the incident, which included initial treatment, calling a medic and reporting to the authorities, as well as the defendant's cooperation in the investigations and maintaining contact with the victim and his family, who supported him, despite the results of the incident, indicate that the incident was not serious.  The court also ruled that the recommendation of the Probation Service, which is the court's long hand, should not be ignored, and ordered the defendant to pay compensation and a 250-hour restraining order.  No appeal was filed.

103. To these I will add additional rulings in cases where the courts ordered the termination of a proceeding without a conviction:
104. In criminal case 8420-12-23 of Claims by Various Laws v. Vardi et al.  (December 30, 2025), the defendants - two Border Police officers on compulsory duty and their fellow soldier - spent time together in the apartment with other people and consumed alcohol.  At that time, Defendant 1 stored his police pistol and the pistol cartridge, which was separated from the pistol, in a drawer in an unlocked closet, without having previously unloaded the pistol.  At some point during the evening, Defendant 1 took the pistol, without the cartridge, and gave it to Defendant 3, without unpacking it, and even though Defendant 3 was not permitted to carry a gun.  Defendant 3 held the pistol in his hands for a few seconds, then pointed it in front and turned it upwards.  At the same time, defendant 2 held his police pistol, without the cartridge, pointed it upwards and stepped on it.  Defendant 2 then got up from his seat, pointed the gun at his head, performed a pecking and simulated the movement of shooting him in the head with the gun.  Defendant 3 documented the events in a video and uploaded the video to the social network "Instagram".  Defendant 1 watched what was happening while being filmed dancing and singing to the camera.  The court referred to the dangerous phenomenon of weapons offenses and the severity attributed by the ruling to the play with a personal weapon entrusted to a security officer.  Given a game that is the result of the initiative of the holder of the weapon, intentionally and knowingly, against the background of the use of alcohol, due to a spirit of foolishness and frivolity, and even though no bullet was discharged, it was determined that the degree of harm to the protected values was at a moderate level.  It was determined that the potential for damage was significant.  It was determined that the case law distinguished between three different categories according to an ascending degree of severity.  The most serious is the use of a weapon on a criminal basis; followed by negligent play with or handling of a weapon in the severity scale; The latter is the use of a weapon in the framework of an operational activity, even if it causes a severe outcome, which receives a softer punitive response and is at the bottom of the punishment scale.  A range of 3 months of community service was set for defendants 1 and 3, and 5 months of community service up to 12 months in prison for defendant 1.  After it was found that the conditions were met in accordance with the written rule in light of the circumstances of the commission of the offense and their personal circumstances, the court decided to end the proceeding without conviction in relation to all the defendants and imposed on each of them 140 hours of probation and an undertaking to refrain from committing the offense.  The accuser filed an appeal against the sentence in criminal appeal sentencing 50501-02-26, which has not yet been heard.
105. In Criminal Case (Haifa) 16632-08-22 State of Israel v. Ashwan (October 14, 2024), the conviction of a police officer who was convicted after hearing evidence in the incident while he was with his friends in the detective offices, suddenly pulled out his personal weapon, a pistol, pointed it forward, while another detective was standing nearby, with his finger on the trigger reserve but not on the trigger as alleged in the indictment, and they immediately returned to the fund.  For this act he was convicted of the offense attributed to him in the indictment.  His claim that he checked whether the weapon was loaded after hearing a knock and feared that the weapon was loaded, was rejected.  It was determined that the threshold of negligent use was not among the highest.  His conviction was revoked in view of his personal circumstances, including tarnishing the defendant's many years of work, which is liable to harm his future, livelihood, and employment as a firefighter.  No appeal was filed.
106. In criminal case (Shalom J.M.) 44102-08-22 State of Israel v. Abu Sbeit (26 May 2024), the defendant was a rookie at a Border Police training base, pointed his M-16 weapon at another recruit during an argument, and even pulled the trigger without the weapon being loaded and while saying to another: "Do you want me to kill you?" He then inserted an empty magazine into the rifle, lowered the barrel, cocked the weapon and tried unsuccessfully to pierce it.  Later, after the complainant took the magazine out of the rifle, the defendant aimed the weapon at the bushes and pecked it, and later pointed it at the complainant, from a distance of 20 meters, and pecked it in his direction.  In view of his young age at the time of the offense, the fact that the complainant was not harmed, and because it was proven that the defendant would suffer concrete damage as a result of the conviction, the court overturned his conviction.
107. In a criminal case (Jerusalem) 7799-12-21 State of Israel v. Cohen (14 January 2024), the conviction of a defendant whose guilt was determined on the basis of his confession was overturned, in an incident in which the defendant noticed a Type 16 M-16 weapon lying in the bathroom, grabbed it by the barrel, took the magazine out of the weapon, entered it, and, while pointing the weapon at the upper body of Officer A, performed a puncture.  After he finished, the defendant returned the magazine to the weapon and returned the weapon to Officer B.  The assumption of responsibility was not complete.  The court set a range of punishments ranging from conditional imprisonment to a short sentence of community service.  Against the background of his circumstances, including his young age, when his entire future was before him, and the recommendation of the Probation Service, he ordered the cancellation of the defendant's conviction and imposed on him a probation and obligation.  No appeal was filed.
108. In Criminal Case 37295-02-20 State of Israel v. Yitzhak Eliyahu (15 November 2022), the court ruled that the defendant committed the offense of unlawful firing with a firearm by firing 40 bullets in an unauthorized place and in the presence of his two minor children and another adult child.  The Magistrate's Court ruled that the defendant's conviction should be quashed after it found that the conviction was liable to harm his occupation as an educator.  No appeal was filed.
109. In Criminal Case 23274-03-14 (Shalom Rishon LeZion) The State of Israel v. Bro (6 May 2015), a defendant who worked as a security guard at a security company and held a gun on behalf of the workplace.  After finishing her job, she met two friends, and the three of them drank several glasses of alcohol together.  An argument developed between the defendant and one of her friends, during which she pulled out the gun and walked through it, while another friend separated the two and tried to calm the defendant down.  Shortly thereafter, the defendant fired the gun toward the floor.  The defendant was convicted of reckless acts and negligence with a weapon and shooting in a residential area.  Counsel for the accuser requested that she be sentenced to 6 months in prison by way of community service, and at the end of the day the court overturned her conviction and imposed a sentence on her in light of the exceptional circumstances and in order to strengthen the defendant "in her struggle for survival".  No appeal was filed.
110. In Criminal Case (Shalom Tel Aviv) 1675/08 State of Israel v. Shmuel (8 June 2009), Defendant 1 was convicted of an offense involving reckless acts and negligence in the use of weapons in circumstances in which he handed over to Defendant 2 a pistol that he owned, loaded with 5 bullets.  Defendant 2 was holding a pistol with its barrel pointed at the body of Defendant 1, he inadvertently pulled the trigger, and a bullet was fired, which hit Defendant 1.  The Honorable Court refrained from convicting the defendant and imposed a 130-hour restraining order on him.
111. An examination of these rulings shows that the courts ordered the cancellation of a conviction even after the evidence had been administered, sometimes even without recourse to the Probation Service's report, even in incidents that did not involve an aspect of urgency or pressure, even in events that were not operational, even when it was a planned incident, even when it was an ongoing incident, even when the weapon was deliberately pointed at a person and a deliberate peck was made from a close or far distance, even when shots were fired, more than once, even when the defendant was under the influence of alcohol, even when the weapon was used for the purpose of threatening during an argument, even when the potential for damage was high, even when the level of negligence was medium or high, even when the use of the weapon caused serious physical injury. The defendant's behavior after the incident was examined - whether treatment was ordered, whether there was an attempt to conceal the incident.  It was held that weight should be given to the recommendation of the Probation Service, which is the court's long hand.  The courts ordered the termination of a proceeding without conviction even when the lower threshold of the punishment range was community service, in incidents of deliberate shooting in the air to disperse a fight, deliberately shooting a person under the mistaken belief that it was a pig that caused serious physical damage, ejecting a bullet that caused serious physical injuries, throwing a grenade into a group of demonstrators that caused medical and mental injuries, abandoning a weapon that reached the hands of a 5-year-old minor who fired from him and caused damage to property, deliberately shooting during an argument that caused property damage, deliberately shooting at the ground that hit a person in the leg and caused him serious physical damage, pointing a weapon at the head and puncturing, pointing a weapon at another while threatening to kill and puncturing Targeting a weapon without a magazine at a person's body and then stepping and piercing, firing dozens of bullets in an open area in the presence of minors, threatening a weapon that included pulling it out and stepping on it and firing at the ground, by handing over a loaded pistol to a person who was not allowed to carry it who shot and injured the person and caused him injuries, while determining that the nature of the offense, which is without a mental basis of awareness, allows the proceeding to end without conviction, while giving weight to the age of the defendant and his personal situation, even when the assumption of responsibility was not complete, when a conviction may harm livelihood, affect continued military service, in the police or in the framework of informal education - even though the authority is in the hands of the appointed body and is not bound by the court's decision.  Reference was given to a young age when the entire future of a defendant is before him as a concrete injury and it was determined that the fear of delaying promotion is a concrete injury.  We will examine whether the cancellation of the conviction can assist in the rehabilitation of the defendant, great weight is given to the flawless service of the police officers for the benefit of the state and society until the event that is the subject of the indictment, and the court must credit this to the policeman in the event of an order.  In addition, it is sufficient that there is a likelihood that concrete damage will occur in the form of the dismissal of the police officer or an additional delay in promotion, that the possibility of harming the policeman's future in the police is sufficient as a consideration that the court must consider, that the conviction may make it difficult to continue his personal and professional life, that it is sufficient that the delay in the rank of the police officer since the incident is sufficient to constitute a punitive element in itself.  It was held that there is a concern that allowing the conviction to remain in place will harm the defendant's continued rehabilitation in the sense that he will cease to serve in his position, or that the prolonged delay in rank will lead to him retiring from the police and society will also lose as a result, and that there is also a public interest in the continued service of a police officer and a normative and law-abiding citizen.  It was also determined that weight should be given to personal circumstances, to the remorse and sorrow expressed by a police officer for his involvement in the incident, to the assumption that the act would not be repeated, to the fact that the incident did not characterize the defendant and that he had learned appropriate lessons, and to the significance of service in the police for the policeman in terms of his self-image.  It was determined that a conviction could tarnish a long-standing practice, and it was decided to overturn the conviction in order to strengthen a defendant whose personal circumstances are difficult.  Given this, the courts ordered the termination of proceedings without a conviction in a variety of ways, starting with signing an undertaking, continuing with a probation order, compensation, and up to a court of law.
112. I will also give my opinion to a document presented to me by the accuser in another proceeding, Criminal Case (Kfar Saba) 64774-12-23 from Claims by Virtue of Various Laws v. Alon et al .  (February 2, 2026), by the Head of the Disciplinary Department, entitled "The Issue of Conviction in a Criminal Trial and its Impact on a Dismissal Decision", from which it emerged that when considering taking administrative disciplinary measures following a conviction in a criminal case or a determination that a police officer committed offenses without conviction, the seriousness of the offense are taken into account, the court's attitude, the question of conviction/non-conviction, the severity of the punishment, the quality of the policeman's service, the length of his service, and more.  It was also noted that if a police officer is sentenced to imprisonment or conditional imprisonment, the decision not to fire him is nevertheless forwarded to the police commissioner for approval.  The significance of this, as reflected in the document, is that the termination of the proceeding with a conviction does not necessitate the dismissal of a police officer, but the court's attitude, as well as the question of whether the proceeding ended in a non-conviction, will be given weight in the decision whether to dismiss him.

From the general to the individual

113. In my opinion, on the basis of the determinations detailed above in detail regarding the scope of punishment regarding the circumstances of the commission of the offense, the first condition of the written rule is met , according to which an act committed by the defendant it is possible to order the termination of the proceeding without a conviction.
114. I also determine this with regard to the complainant's statement, regarding the medical, physical and mental damages caused to him as a result of the incident, which I do not take lightly. Injury as a result of gunfire is not a trivial matter, and even if the complainant did not require significant medical treatment, it certainly left a physical and mental impression on him, as he said in the statement of the victim of the offense.  In addition, no documents were presented to support the complainant's claims regarding the severity of the injury, and in this context I will mention that during the course of hearing the evidence, it emerged that the complainant had been shot in the past by IDF soldiers (p.  50, para.  16).  During the hearing of the evidence, I did not allow questions in this context - which were not relevant to the clarification of the accusation (p.  52, Q.  4), but with regard to the damages caused to the complainant, there is certainly relevance to the injury from a previous shooting incident, and in the absence of documentation, it is difficult to examine which of the damages to which the complainant claims that he was caused as a result of the incident that is the subject of the indictment, and which were caused to him in a previous incident.
115. As to the second condition relating to the circumstances of the defendant, I have given my attention to the following facts:
116. It is not a broken vision that a former police commissioner, with the rank of superintendent, a former district commander with the rank of superintendent, and a commander of the National Insurance Institute with the rank of brigadier general, are bothering to give testimony in favor of a defendant. They are joined by the letter of the district commander, with the rank of brigadier general, and other testimonies that have been heard.
117. These testimonies teach defense of the defendant and can shed a very positive light on his character, conduct, and contribution to his friends and the public, and they can also testify to the future that the defendant is expected to have in his continued service in the police.
118. Retired Rabbi Kobi Shabtai spoke about the tense days after the start of the war, about the order he gave all the policemen to carry long weapons, about the incessant pressure and tension in which the policemen were subjected. He praised the defendant's determination in his action in the incident, for his courage as a policeman who encounters a situation in the Triangle area alone in which receiving reinforcements is not a trivial matter, for striving for contact, friction with the suspect, when in his opinion in such a situation there was justification for acting with a bullet in the barrel and not waiting until the zero range was reached in order to operate the weapon.  He said that he wished there were more policemen like the defendant who would conduct themselves with the same level of morality, values and striving for contact like him, investment, sacrifice, not day or night, giving of oneself at the expense of the family.  He told of his acquaintance with the defendant's father when they served together in the Special Operations Unit until the table of the senior command staff of the police, and about his acquaintance with the defendant himself.  He told of a family of fighters - the father, the defendant and his brother.  He recounted incidents in which the defendant was involved, in one of which the defendant was injured when he jumped on a vehicle he was trying to stop, once in Netanya and another time in Kafr Qasim.  He said that the defendant had taken a POM course, but due to his involvement in the incident, Major General Shabtai, as police commissioner, had ordered that his promotion be delayed until the legal proceedings were completed, but he would certainly like to see more officers like the defendant in the organization.
119. Major General Avi Biton, former commander of the Central District, said that the defendant is one of the best officers he has known during his service. He noted that the defendant is a determined, responsible, moral officer, performs his tasks in the best way that is required of him, a true leader, a man who leads people, a man whose people love him and follow him, courageous, determined, first in every mission, not deterred.  He noted that he remembers many events, that all the tasks heassigned to the defendant he carried out in the best way that is required of an officer in the Israel Police.  He noted that he also praised the defendant for his involvement in the incident that is the subject of the indictment, for his determined activity and for striving for contact, which is what is expected of an officer and a police officer, who arrives at a crime scene at night, identifies an incident and strives for contact.  He said that these are the officers he wants to be in his service in the future as well, that people like him took the weapons from the house and went down on October 7, 2023 to fight without being called.
120. Brigadier General Assaf Tzur, head of the National Insurance Unit in the Israel Police, said that he was the commander of the Netanya station when he first met the defendant, who was his subordinate, and said that the defendant is the type of officer you want by your side all the time. The defendant is exceptionally courageous, always first and foremost, when there is a complex activity that could get complicated, the defendant would always take the task upon him, and later on he was assigned these tasks in advance.  He said that the defendant acted boldly, planned, studied, knew how to deliver a briefing properly, one that he trusted as a station commander to give him the complex tasks.  During the years he worked closely with the defendant, he discovered that the defendant was the salt of the earth, a family of fighters, including his father and brother, all of whom were in special units, and from there the defendant absorbed the values of love of the homeland, love of the police.  The defendant is full of charisma and because of this, many police officers would follow him, including his team.  The defendant is full of grace.  He is always in the right place to solve the problems, and he would be happy to have many more officers like the defendant.
121. In addition to these testimonies, a letter was submitted by retired Brigadier General Ronen Avnieli, who noted that while he was commander of the Netanya station in the years 2016-2017, the defendant served under his command. He noted that the defendant fulfilled his role very well, and his professional achievements contributed significantly to the personal security of the residents of the area.  His personal conduct was characterized by a high level of command and management ability.  His direct subordinates, together with all the police officers at the station, won the defendant as a commander, mainly in view of his character and abilities, which were characterized by great dedication, responsibility, and professionalism, while setting a personal example and maintaining high standards of mission execution, all while investing above and beyond what was necessary and while giving up his personal affairs in favor of work needs.  He noted that in the framework of his position, the defendant showed great determination and courage, when the events he faced were particularly challenging and complex, and accordingly, he was highly appreciated by his commanders and colleagues.
122. In the statements of the senior officers who testified in favor of the defendant, there was a description that repeated over and over again the qualities that the defendant possessed - courage, determination, striving for contact, charisma, perseverance, self-sacrifice, volunteering for the most complex tasks and handling them in an admirable manner. It emerged from everyone's words that the defendant is the type of person who wants to be by his side in difficult situations and the importance of his continued service in the police.
123. Alongside the testimonies of senior commanders, other testimonies were heard, which show the human side of the defendant.
124. An APS policewoman came forward to testify. Asher unfortunately became seriously ill, wearing a mask and evacuating all the people in the hall in order to reduce the possibility of harm to her health during her testimony.  She said that the defendant has been her commander for the past two years and that during one of his visits to her home she told him that she wanted to testify on his behalf.  She said that the defendant, unlike previous commanders she had, is the first to go out to any operational event - even complex and life-threatening events - and sets a personal example, both in order to command the event himself closely and out of a sense of responsibility.  She said that the defendant acts fearlessly, fighting and inspiring.  She also said that the defendant is a direct person and that he always tells the truth, even when it is not always comfortable and pleasant to hear it, and all with the aim of doing good and never with the aim of harming God.  She said that what the defendant does in the unit is much more than work, it is a mission and dedication, and in this the defendant is an inspiration to her and to the entire unit.  She said that she has not been at work due to her illness since November, and the defendant comes to visit her on a weekly basis (except for two misses), before every Shabbat he asks how she is doing and if she needs anything, with a caring, caring and sensitive personal attention.
125. Another witness is Mr. Ovadia Danilov, who serves in the Special Patrol Unit in the south. He said that he served for 10 years in the Sharon Special Patrol Unit and there he met the defendant when he was still an officer at the Tira station and the Netanya station.  After hearing the testimonies of the senior officers regarding the defendant's professionalism and values, he said that he could have talked about these qualities for hours, but preferred to focus on the personal aspect of his experience with the defendant.  He said that on October 7, 2023, he and his brother Boris z"l were flown to the southern sector, each from his own unit and in his own sector.  Unfortunately, his brother and his team were killed in a brutal battle in Kibbutz Be'eri after being hit by RPG missiles.  The brother was absent for 9 days and since then and to this day Mr. Danilov is a mental struggle who goes through agony and naturally after they got up from the shiva after the brother's death, people begin to distance themselves and disappear, but with the defendant it was exactly the opposite.  The defendant does not owe Danilov anything, there is no command or other connection between them and there is no interest between them.  From the moment of the difficult news of the brother's death, the defendant shows up, calls, cares and is interested in how we can help, what can be done for the children of the brother who was killed, shows up for every commemorative event, the defendant does not let go and does not leave them to this day.  Danilov said that it is a privilege to come to court and talk about the defendant and the help he gives and not only to Danilov but also to his mother and widow, and this is apparently the character of the defendant who does good for people.
126. These testimonies show that in addition to the professional praise that the defendant received from the senior commanders who testified in his favor, he is a man of values, dedicated, who does his best to support subordinates and acquaintances, even those who are not directly related to him, without expectation of return or interest.
127. I was referred by the defense to a criminal case (Netanya) 62981-11-15 State of Israel v. Doib (26 March 2018), in which the court referred to the defendant's performance in arresting car thieves, in a manner consistent with the witnesses' statements about courage, adherence to the goal, striving for contact while endangering real life:

"At the same time, the defendant in front of me started the stolen vehicle, when one of the policemen (i.e., the defendant - G.G.) put his upper body into the car in order to try to extinguish it.  In response, the defendant began to drive quickly in the car, even though the policeman called him "Stop" several times, and the defendant even pushed the policeman.  Later, the policeman shouted to the defendant, "Stop, or I'm shooting," but the defendant continued his wild drive, swerving sharply to the right and left and pushing the policeman.  The policeman hit the defendant in order to stop, and the defendant braked suddenly, thus the policeman's head was slammed against the windshield of the car and the windshield was shattered"..."It should be emphasized that the defendant, as detailed below, was very adherent, in his actions to express this intention, and only because of the policeman's conduct while endangering his life, the defendant was eventually caught and the vehicle was with him"......"This is the place to address the defendant's actions from the perspective of endangering the road users, and especially that brave policeman.  The defendant drove the stolen vehicle wildly and thus could have harmed passersby on the roads.  But most of all, in his actions, the defendant endangered the policeman, who in his attempt to thwart the theft continued to be partial, thatthe defendant was driving fast and wildly and was actually trying to cause the policeman to be thrown out of the vehicle, and if he had succeeded in doing so, it is very possible that he would have caused serious injury to the policeman.  The policeman succeeded in his adherence to the mission, not only to thwart the theft in the end, but also to prevent a significant risk to his life, by continuing his attempts to arrest the defendant until the defendant had no choice but to brake the vehicle in a sudden brake, in the expectation that he would thus succeed in evading the policeman, but the policeman hit his head with the windshield while shattering it, and even managed to stop the defendant's actions" (pp.  20, 14 ff.) (emphases added - G.G.).

128. In addition, a summary of the work year for 2025 of the Anti-Crime Unit in the Sharon Region, headed by the defendant, was submitted for review. A review of this summary shows that this is a growing unit, which has absorbed 11 new police officers into its ranks, cracked 6 affairs, met a forfeiture target, and moreover, led to the resolution of 6 murder cases in which indictments were filed out of 20 cases transferred to it, handled 8 security cases in cooperation with the Shin Bet, of which indictments were filed in 5 cases and 3 administrative detention orders were issued, and additional cases were issued.  These are a large number of complex cases, a significant part of which was successfully completed, led by the defendant.
129. The general picture that emerges is that the defendant is an exceptional person in every respect.
130. The Probation Service referred to the defendant being 38 years old, married and the father of two girls, aged 4 and 6. It was noted that the defendant had 12 years of schooling, had a bachelor's degree in criminology and political science, and a master's degree in national security.
131. The defendant served full military service as a soldier and after his release enlisted in the Israel Police, advanced to various positions in the fields of detective and command, and participated in various operations, including Operation Guardian of the Walls. Today, he serves as the commander of warfare and crime in the Sharon region.
132. It was noted that the defendant emphasized that during the period of the incident he was under constant tension, high alert and expectation of an escalation of events. This was in view of the security situation, against the background of the "iron sword" war that broke out several months before the offense was committed.
133. As to the circumstances of the offense, the defendant stated that when he watched from the outside what was happening in the convenience store, he concluded that it was a robbery, acted quickly and without any question marks as to the nature of the incident. According to him, he sought to reduce the risk that the complainant would harm others, and from his point of view, he acted decisively in order to remove him and handcuff him.
134. The defendant emphasized that he acted in accordance with the organization's positions and the required procedures, strived for contact in order to assist the citizens, as he was required to do in the framework of his job. In retrospect, he initially referred to the fact that throughout the incident he was subjected to a sense of threat of real harm and acted impulsively.  He claimed that he was not skilled enough to carry a long weapon, he recognizes that his conduct and choices led to the harm to the complainant, and he regrets this.
135. At the same time, the Probation Service was under the impression that the defendant had difficulty showing empathy towards the complainant and tended to downplay the severity of the damage caused to him. This was done while he was preoccupied with the prices he was forced to pay.  His awareness of his patterns and motives is only preliminary.
136. The Probation Service referred to letters of appreciation that the defendant received in the course of his job and referred to the fact that he had no previous convictions.
137. The Probation Service reviewed the risk factors for delinquency and the factors of the chances of rehabilitation, while emphasizing that it was not impressed by deep-rooted violent patterns or impulsive tendencies and difficulties in regulation as part of the defendant's conduct in general.
138. The Probation Service recommended that the hearing in the defendant's case be postponed by four months, during which the defendant will be integrated into treatment that is compatible with his needs, and that an attempt be made to promote restorative justice (if there is progress in accepting the defendant's responsibility and the Probation Service will be deemed suitable to participate in such a proceeding).
139. In its supplementary report, the Probation Service noted that throughout the rejection period, the defendant was involved in an emotional therapy process within the framework of the police's mental health system.
140. A report received from the therapist indicates that the defendant comes to therapy regularly and fully cooperates. According to the therapist, the treatment process has gradually become significant and important for the defendant.  During the sessions, the defendant was able to process the incident, he understands the consequences of his actions and his responsibility in the incident.
141. As part of the treatment, the defendant shared about the residue that remained in him from the day the "Iron Swords" war broke out - harsh sights and a sense of danger to his life.
142. The therapist said that she was impressed by a policeman with a high work ethic, a connection to values, a commitment to the system and the job, a policeman who assumes his role as having a constant responsibility to assist and protect the citizens of the country. She also said that the treatment will continue and will continue to deepen and observe his patterns and the difficulties that accompany his work as a police officer.
143. The Probation Service was under the impression that there had been some progress in the defendant's ability to recognize the harm and that his actions had a negative physical and emotional impact.
144. The Probation Service reiterated the letters of appreciation, which paint a picture of a daring policeman, who does not avoid risks, strives for achievement, and finds satisfaction and meaning in his job.
145. It was noted that the defendant expressed an understanding of the need to compensate the complainant for the injury caused to him and requested that a restorative justice proceeding be advanced. The defendant was found suitable, initially, to participate in the proceeding, but the other criteria were not met (in the case of a voluntary proceeding based on obtaining the consent of the parties).
146. The Probation Service again reviewed the risk factors for delinquency and the factors of the chances of rehabilitation, and found that when the data were taken into account, the risk assessment of the recurrence of a violent offense was low, and if an offense was committed, its severity was expected to be also low. It was noted that continued treatment and persistence in it could help reduce the risk in the defendant's situation.
147. In light of the above, the Probation Service recommended the imposition of a probation order for a period of six months, a 100-hour probation order.
148. The Probation Service also addressed the question of the defendant's conviction and noted that the defendant expressed serious concern about the possibility of his conviction and that his conviction would lead to real harm and his dismissal from the police. The Probation Service was under the impression that beyond the fact that this is an employment and livelihood framework for the defendant, his continued service in the police is a significant factor in his self-perception, and his performance as a police officer is a central part of the formation of his professional and personal identity.
149. The Probation Service noted that the directors of the Israel Police who were presented to it indicate that if the defendant is convicted, the organization will be required to examine his situation and consider dismissing him.
150. The Probation Service considered, on the one hand, the defendant's conduct in an offense committed in the course of his duties, as well as the damage caused to the complainant, and on the other hand, the fact that this was a single offense by the defendant, when he took responsibility for his behavior and the problematic nature of it, turned to a therapeutic procedure and examined its patterns in depth. In light of the aforesaid and in view of the concrete harm that may occur if the defendant is convicted, as well as in order to strengthen the defendant's positive strengths, the Probation Service recommends that the proceeding be terminated without a conviction.

Summary of non-conviction

151. The defendant failed in a specific way, for a split second, even though this failure caused damage and could have caused much greater damage, when he found himself in a complex situation that he envisioned as a robbery.
152. The defendant strived for contact with courage and heroism, alone, without backup, under conditions of pressure and uncertainty, without knowing whether the complainant was armed and when a person was waiting outside the store in a motorized vehicle that could attack the defendant from behind.
153. The defendant should be commended and made it clear to him and to other police officers who will find himself in his situation in the future, that even if he fails in his courageous response to the situation, his many rights will be credited to him when he has to be held accountable for this failure.
154. The defendant is credited with decades of service to the state in the framework of the army and the police, with great distinction, while striving for contact, courage, sacrifice, and self-risk, constitutes a personal example to his subordinates and is loved by his commanders.
155. This is the defendant's first entanglement with the law, the risk that he will re-commit a violent offense is low, and the treatment in which he participates is expected to further reduce the risk of recurrence of offenses.
156. The defendant took responsibility for his actions, expressed empathy for the complainant and the damage caused to him, and was willing to participate in a restorative justice process as well as to compensate the complainant.
157. The defendant paid a significant price for his actions after his promotion was delayed for more than two years on the orders of the police commissioner until the end of the legal process.
158. From the perspective of concrete harm, I also considered the damage to his self-image, which involves staining him with a stain of conviction and labeling him as a criminal - in a manner that stands in clear contradiction to the defendant's perception of himself, as well as the perception of everyone around him, as someone who fights criminals and is certainly not one of them.
159. The question of the defendant's conviction is a consideration between the considerations considered by the authorities in charge, both in relation to his continued employment in the police, and certainly with regard to his promotion.
160. In this case, in my opinion, the defendant's personal interest in ending the proceeding without a conviction is consistent with the public interest in ending the proceeding in the defendant's case without conviction, when in a balance between the conflicting interests, the fact that there is a risk that the defendant's conviction will harm the defendant's continued employment or the possibility of his advancement, is sufficient to justify and even require the termination of the proceeding without a conviction.
161. Verdict:

In light of all of the above, I have decided to order the termination of the proceedings in the defendant's case without a conviction.