Arab youth who tripped haredi bochur gets community service

A Jerusalem Magistrate's Court judge sentenced a young Arab man to six months in prison to be served as community service after he deliberately tripped a Jewish pedestrian with a haredi appearance on the steps of the Old City. The youth was convicted of assault with a racist motive after admitting he attacked the victim because he was Jewish. The prosecution had requested eight months of actual jail time, but Judge Joya Skapa Shapira imposed a lighter sentence while emphasizing the serious danger inherent in the act.

The incident took place on October 20, 2022, near the "Carpenter's Steps" on Al-Khaldia Street in Jerusalem's Old City. The defendant was sitting on the steps with friends when he noticed a pedestrian descending the stairs dressed in haredi clothing with tefillin on his head and arm.

According to the facts to which the defendant admitted, he decided to attack the pedestrian because he was Jewish. He first stood in a way that blocked the passage, and when the victim tried to step over his legs, he raised one of them to trip him.

As a result, the victim fell on his face and was injured in his left wrist.

Jerusalem's Old City during Chol Hamoed Pesach 5785 (Photo: Dudi Flog - Kikar Hashabat)

The defendant admitted to the facts in the amended indictment as part of a procedural arrangement and was convicted of assault with a racist motive. However, the sides did not reach agreement on sentencing, and the decision was left to the court.

During the hearing, a video documenting the incident was also presented. The video allowed the judge to examine the force of the action itself compared to the serious consequences that could have resulted from a fall on stairs.

The judge noted that the physical violence was relatively limited, describing it as "minor." In her words, "this involved only a small movement of the leg."

But immediately afterward she emphasized that "the potential harm of such an act is enormous."

The judge explained that tripping a person descending stairs can cause serious injury, even when the action itself is brief and does not involve blows or use of a weapon.

In his victim impact statement, the complainant said that following the fall he was also injured in his knee, suffered pain for months, and was forced to avoid physical labor. According to him, since the incident he has felt fear and stress when passing through the location, which is on his regular route between his studies and his home.

The court clarified that a distinction must be made between the injury described in the facts of the indictment and the additional consequences the complainant described in his statement.

The prosecution requested a sentencing range of between four and 18 months in prison and asked to impose eight months of actual imprisonment on the defendant. According to the prosecution, significant weight should be given to the racist motive, the danger in tripping a person on stairs, and the need to deter perpetrators of similar offenses.

The defense, on the other hand, requested a lighter sentence, emphasizing the fact that this involved a single movement of the leg, without prolonged violence or use of a weapon. The defense attorney also pointed to the defendant's young age and lack of prior convictions.

In addition, the defense raised a claim of selective enforcement, according to which violent offenses with a racist motive against Muslims and Christians are not enforced to the same degree as offenses whose victims are Jews.

The judge rejected the claim and ruled that no concrete data supporting it had been presented. She noted that the Jerusalem Magistrate's Court also hears cases dealing with violence with a racist motive against victims who are not Jewish.

The probation service report presented a complex picture of the defendant. On one hand, this is a young man with no criminal record who worked continuously in his father's moving business. On the other hand, the probation service got the impression that he minimizes the severity of his actions, does not show genuine empathy for the victim, and is not interested in participating in treatment.

Although the defendant admitted to the facts in the amended indictment, he continued to deny the racist motive in his final statement before sentencing.

On this the judge wrote: "It is difficult to say that the defendant accepts full responsibility for his actions."

The judge also addressed the broader significance of assault based on a person's identity, noting that offenses with a racist motive harm human dignity and equality and "undermine democratic foundations."