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Indifference Murder

22 Years for Shooting Fleeing Driver

High on drugs and alcohol, driver opened fire over road rage, then pursued his wounded victim and shot him in the back as he tried to escape | Court: Maximum severity

Nazareth District Court

The Nazareth District Court sentenced a defendant to 22 years in prison this week for the murder of Diar Omari, z"l. Judge Osila Abu-Asaad ruled that the case represents "a substantive and tangible harm to values at the highest level of severity," emphasizing the defendant's complete lack of responsibility, remorse, and self-restraint.

The fatal incident began when the defendant, driving under the influence of drugs and alcohol despite having a suspended license, became frustrated with how the victim was driving. He then stopped his vehicle, drew a pistol, and fired warning shots into the air, leading to a physical struggle between the two men on the ground.

During the struggle, the defendant fired two fatal shots that struck Diar. The wounded victim gathered his remaining strength and fled back to his vehicle in a desperate attempt to save his life. But the defendant was not satisfied — he got to his feet and opened deliberate, sustained fire at the fleeing victim's back.

After the shooting, instead of summoning medical help for the dying victim, the defendant chose to flee the scene. He later returned to the location with his sister, who attempted to lie to police by claiming she had been the driver, in an effort to conceal her brother's involvement and obstruct the investigation.

The court categorically rejected the defense's claim that the defendant had acted in self-defense. The judge emphasized that the reality showed a defendant who pursued a wounded, fleeing victim and opened deliberate fire at his back. "There is no place whatsoever for a claim of self-defense when the defendant is chasing after a wounded person trying to escape for his life," the verdict stated.

The defendant was ultimately convicted of murder by indifference by a majority of the judicial panel. In addition to the 22 years of actual imprisonment, he was given conditional sentences, a three-year driver's license suspension and an additional conditional suspension. He was also ordered to pay the victim's family 258,000 shekels in compensation.

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