State Prosecutor Amit Eisman has adopted the recommendation of the Police Investigations Department and the Deputy State Prosecutor for criminal affairs, and has decided to close the case against the two Border Police officers who shot dead a Palestinian terrorist just outside the Old City of Jerusalem on Shabbat afternoon.
The terrorist stabbed a young man on his way home from praying at the Western Wall, causing him injuries defined as moderate to severe. He then attacked the two officers who responded with live fire, and then shot him a second time as he lay on the ground, as he was still moving and posed an ongoing threat.
The case is being closed due to lack of culpability of the two officers.
The Prosecution issued a statement noting that, “As per regulations, in general, a police investigation is always opened in any case in which police open fire leading to death, unless the circumstances of the event were so exceptional that it is immediately apparent that no crime was committed. Therefore, in this instance, the State Prosecution and the deputy in charge of criminal affairs decided to open an investigation in order to determine whether all aspects of the gunfire were according to law.
“The investigation of the two Border Police officers was conducted by the Police Investigations Department in a thorough, professional, and effective manner. The PID’s recommendations – which were shared by the deputy State Prosecutor – were presented to the State Prosecutor who decided to adopt their position and close the case for want of culpability.
“Following the investigation and a clarification of events, it was determined that the explanations provided by the Border Police officers, stating that they acted out of self-defense align with other evidence examined during the investigation, including a video that documented the entire incident.”
The Prosecution Service stressed that, “In conclusion, an examination of the events found that this was an incident that lasted mere seconds, during which the lives of the officers and of citizens were in danger, and given that the terrorist was determined to cause fatal injury, it was found to be justified to use live fire. Therefore, it has been decided to shut the case against the officers, due to lack of culpability.”