The tragic shooting in the capital of the late Yuval Castleman: The military judge, Lt. Col. Toby Hart, determined this evening (Tuesday) that the shooting soldier – Sgt. Aviad Freja will be released to house arrest.
The lawyer of the soldier who shot Yuval Castleman: “I had doubts about whether I wanted to represent in the case”
The judge’s decision states that “You should not shoot at someone who is not in danger, raising your hands is a dangerous sign that you are not in danger. At the same time, not every case in which hands were raised excludes danger as it was in the past. All that can be said is that in a case like this one must exercise discretion before shooting.’
First, Frieja was brought in for an extension of detention, and the request states: “In the special circumstances of the incident, it is very doubtful whether there is a real fear that the suspect will add to and endanger the safety of a person or the safety of the public.”
It was further stated: “After the deceased was hit once more and he lay down on the road, the suspect did not approach him and did not shoot again, even though it was clear that the deceased was still alive. This fact seemingly supports the suspect’s version that he wanted to ‘neutralize’ the danger posed by the suspect and did not want to carry out” Confirmation of murder, that is, continued shooting that is not justified for the sake of the dead even after the danger has already been removed.”
Attorney Shlomi Tzfouri and Attorney Ran Cohen Rockberger, the defense attorneys of Sgt. (Ret.) Aviad Frija, said: “We welcome the decision of the military court to order the release of the fighter from detention. It is clear from the decision that the additional investigative actions carried out Today they did not change the judicial determination that there was no “certification of killing” and that there is no basis for attributing to the soldier the cause of the deceased’s death.”
They added that “the decision also states that both the deceased and the suspected fighter worked to remove the serious danger posed to civilians at the scene of the attack. This is the right decision, which speaks for itself, and it reflects that in such a terrible tragedy in which the late Yuval Castelman fell there is no place to attribute the criminal behavior that was inflicted on the fighter to him. We ask that the investigation continue and be concluded to the end and we believe that at the end it will be clear that the criminal case against the fighter should be ordered to be closed.”