The first hearing in the sentencing of Sgt. Elor Azariya is set to begin on Tuesday in a military court in the IDF’s headquarters in the Kirya complex in Tel Aviv.
In January, Azariya was convicted of manslaughter in the death of an Arab terrorist, whom Azariya shot shortly after a stabbing attack which left one soldier wounded.
In their decision, the three judges accepted the prosecution’s claim that Azariya had no valid concerns for his safety or the safety of those around him, since the terrorist had been shot and wounded beforehand, and was considered to be “neutralized”.
The defense argued that many on the scene had expressed concern that the terrorist appeared to be concealing an explosive device underneath his unseasonably warm jacket, and that Azariya had legitimate grounds to fear for his life.
Prosecutors are expected to request between three to five years in jail in the sentencing phase of the trial.
Azariya’s legal defense team, which was joined by acclaimed defense attorney and right-wing pundit Yoram Sheftel, says it will appeal the conviction as soon as a sentence is handed down.
The military tribunal is expected to issue a decision in the sentencing phase of the trial sometime in February, likely within approximately two weeks of today’s hearing.
On Monday, a Channel 10 report claimed that the prosecution had extended a plea bargain offer to Azariya. In exchange for a full confession and public expression of remorse, Azariya would have been given one and a half years in jail, but would not count the nearly one year already spent in “open arrest” on an IDF base as time served.
The arrangement was ultimately rejected.