IDF reservist Sgt. (res) Aviad Frija, who shot dead Israeli civilian Yuval Doron Castleman, who himself had killed two Hamas terrorists in Jerusalem before raising his hand to plead for his life, was arrested overnight on Monday.
Controversially, Frija had been allowed to go free since the incident on Thursday, and it is still unclear whether he will be prosecuted and under what charge, with him claiming he believed Castleman was a terrorist who still presented a danger.
During the incident, four people were killed and four other people were wounded in a shooting attack at the entrance to Jerusalem.
Testimonies from lawyers in soldier’s murder
While most of those killed were killed by the two Hamas terrorists, Israeli civilian, Yuval Doron Castelman, an attorney from Mevaseret Zion with a background in the security services, responded and along with Israeli security forces on the scene, shot and killed the two terrorists.
In security camera footage, Castleman can be seen dashing with his gun from the other side of the and shooting at the attackers.
Next, Frija aims at Castleman.
Castleman kneels, raises his arms as a sign of surrender, and opens his shirt before Frija shoots him.
Finally, Frija and another soldier involved were questioned under caution overnight, though the police and the prosecution still have not selected a potential charge.
In past cases where IDF soldiers killed Palestinians while breaking the rules of engagement, such as shooting someone who has surrendered, the charges have usually not been murder, but either manslaughter/second degree murder or even mere negligent homicide.
Whereas murder can carry a life sentence or at least several decades, manslaughter convictions of IDF soldiers have often carried sentences of under two years or even under a year.
Negligent homicide convictions have carried sentences of weeks to several months.
Despite the seemingly airtight video evidence that Frija shot Castleman while his hands were raised, the Jerusalem Post understands that Frija is claiming that after Castleman raised his hands, he made other suspicious movements with his hands.
Though Frija consented to a polygraph test, the investigation so far has uncovered significant gaps between the testimony of the soldier and evidence found at the scene of the shooting.
According to Frija’s lawyers, Col. (res.) Shlomi Tzfouri and Col. (res.) Ran Cohen Rockberger, who was the former chief military defense attorney, the footage published on social media was not reflective of the actual situation.
“The video clips from the scene of the attack that were published on social networks, and their camera angles, create a partial and erroneous impression which does not reflect what is seen and heard from the direction of the fighter. The additional shooting by the fighter and [understanding the vantage point of] other people in the area toward the late Yuval must be examined according to all the circumstances and the situation presented to the soldier in real-time,” they said.
Further, they said, “From where the fighter was standing, from the sights he saw and the sounds he heard, the fighter was convinced with all his heart that he was firing at a terrorist who still posed a life-threatening danger to him and to everyone around him. He had no intention of carrying out an illegal “extra judicial killing,” and this was not how he acted. Immediately, after he saw that that person was wounded and on the ground, he stopped shooting.”
“After hearing the testimony of the fighter, we have no doubt that under these unusual extreme circumstances, the Military Advocate General’s Office will also reach the clear conclusion, that with all the heavy sorrow from the terrible result, this is a tragic mistake that does not justify taking criminal measures against the fighter,” they added.
This is a developing story. Tal Spungin contributed to this report.
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