For our purposes, the fact that the defendant did not brake at any stage - when at this point in time, in light of the finding of proper vehicle brakes, our determination is that this stemmed from the fact that he did not press the brake pedal at all - is well consistent with the defendant's desire to harm the deceased.
The defendant's argument is that at the time of the injury, he himself was in the right lane of the road. This basic argument as to which lane the vehicle was in at the time of the impact is also contradicted by the evidence found in the field, with an emphasis on the blood stains, all of which are located along the left lane. In fact, despite the defendant's testimony on this matter, the defense's position in its summaries is that the defendant was in the left lane, based on the opinion of the defense expert, which we will refer to below.
There is no dispute that the defendant does not have a suitable driver's license for the Dodge car, while his brother Karem does. Shortly after the defendant arrives at his home (after the incident from the wash), he calls Karem and tells him to come to him in order to pick him up. From watching the security camera video, it can be seen that shortly after Karam arrives at the defendant's location, Karem gets out of the wheel and takes turns with the defendant, who immediately starts driving. There was no reason for the exchange between the two, except for the defendant's desire to be the one holding the wheel on that specific drive towards the deceased's whereabouts. It can also be seen that the change itself is carried out in a hurry when the defendant immediately goes to the driver's door, changes with Karam and starts driving while Karam did not have time to close the passenger door on the right.
This conduct, in which the defendant deliberately replaces his brother in driving a dodge, was slammed at the defendant who tried, but not very successfully, to convince him that although he did not have a Dodge license (he himself is a young driver), he was a better driver than his brother and therefore ordered him to change: "Only in the neighborhood is this"; I don't let him drive me... It has nothing to do with whether it's a private and it's the same thing, I don't let him drive me at all... It's the same thing, it doesn't matter the same... I don't let Karam drive me... He brought it to me (the Dodge) but I don't let him drive me... I drive better" (p. 342).