| Be’er Sheva District Court |
| Serious Crimes Case 33815-10-23 State of Israel v. Abu al-Qiyan (Detainee)
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| Before | The Honorable Judge Ben Tolila – Presiding Judge
The Honorable Judge Lahiani-Shoham The Honorable Judge Atar |
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The Accuser
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State of Israel – Pamad
By Adv. Vadim Sigal |
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Against
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| The Defendant | Ahmad Abu al-Qi’an (detainee)
By Adv. Ali Abu-Laban |
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Verdict
Judge Daniel Ben Tolila:
Introduction:
An indictment was filed against the defendant attributing to him the offense of murder (intentionally) - in accordance with the provision of section 300(a) of the Penal Law, 5737-1977 (hereinafter: the "Law").
The facts of the indictment:
At the relevant time of the indictment, the defendant had a Class B driver's license, which permits driving a vehicle weighing only 3,500 provident funds. The defendant lived at his family home at 137 Al-Doha Street, in the neighborhood of 10 (Yasmin) Hura (hereinafter: "the defendant's home").
At the relevant time of the indictment, the defendant owned a Toyota Avensis M.R. 4490335 vehicle (hereinafter: the "Avensis vehicle"). At the relevant time of the indictment, the business belonging to the defendant's family owned a Chrysler Dodge open truck, M.R. 8552408 (hereinafter: the "Dodge vehicle"). The Dodge is about 2 meters wide, about 6 meters long, weighs 5,300 kilograms, and has an engine with a displacement of about 6,700 cc. The front height of the Dodge is about 1.4 meters. The front and front bumper of the Dodge are made of metal.
The late Muhammad Abu Al-Qiyan, born in 2005 (hereinafter: "the deceased"), lived in his family's home at the address of Al-Tikwa Street, House 1 in the neighborhood of 10 (Jasmine) in Hura.
On September 22,2023, at a time that is not known to the accused, but shortly before 6:50 P.M., the defendant arrived with the Avensis vehicle at the car wash institute located on Altkoa Hura Street, in front of the deceased's home, near the exit from Neighborhood 10 in the direction of Route 316 (hereinafter: "the Washing Institute"). During the defendant's stay at the washroom, a verbal confrontation developed between him and the deceased against the background of the deceased's request to the defendant to stop making noise in the compound by accelerating the Avensis engine.
At a certain point in the verbal confrontation, the defendant and the deceased stood facing each other until a man named Tawfiq Abu al-Qiyan, an employee of the washing machine, separated them. In the process, the deceased hit the windshield of the Avensis with his hand, causing a crack in the windshield. The defendant, in response to the deceased's act, threatened to harm the deceased by saying: "You broke the window and you will get what you deserve for what you did", "I will bring the Dodge to destroy your car with the Dodge" or similar words. After these words, the defendant left the washing station, with the Avensis vehicle, and drove home (hereinafter and for the convenience described in this incident, the "incident in the washing").