Court: Driver suspected of killing teen can go to synagogue on Yom Kippur

The Supreme Court on Monday permitted Eli Bar Zakai, suspected of fatally running down a 13-year-old boy while drunk, to leave his home on Yom Kippur to pray at the closest synagogue, but rejected his appeal to release him completely from house arrest, Ynet news reported.

The 23-year-old Jerusalem resident downed a bottle of vodka before getting into his car and fatally running down 13-year-old Eylon Shalev-Amsalem on July 26-27, his indictment said. He was charged with manslaughter, causing grievous bodily harm, obstructing an investigation, tampering with evidence, drunk driving and speeding.

Justice Noam Solberg rejected most of the appeals filed by Bar Zakai’s attorney to ease the terms of Bar Zakai’s house arrest while awaiting trail. Solberg told Bar Zakai that his conditions could have been much worse.

“The actions attributed to him in the indictment are extremely serious, both before the incident and afterward,” Solberg said. “The gravity of the actions attributed to him could in principle justify jail detention until the end of the trial.”

He added that Bar Zakai should be aware that it was not at all self-evident that house arrest was sufficient in his case.

Kobi Shalev-Amsalem, the father of Eylon, told the court he did not understand why Bar Zakai should be allowed any leniency, Ynet reported.

He said that the family conducted the prayers in their home for the week of mourning. “If we were able to do that in our home, there is no reason that the accused, who murdered our son, should go out to prayers in a synagogue,” he said.

“We are dealing with a person who [only] poses as God-fearing; Someone who transgressed the commandments of ‘Thou shalt not kill,’ and ‘Thou shalt not bear false witness against your neighbor’… he does not deserve any prize,” he said. “Today he already has been shown leniency in being under house arrest and not in jail. There is no reason to make things easier for him and let him go to Yom Kippur prayers in a synagogue.”

The August indictment detailed the sequence of events that took place on July 26-27.

According to the indictment, that night Bar Zakai and his friend Hillel Davis traveled from the capital to a friend’s home in Petah Tikva. On the way, they stopped to pick up alcohol and cigarettes.

Upon reaching the friend’s home in Petah Tikva, the group began to smoke and drink. Bar Zakai then phoned a friend and arranged to meet him at the Shalvata club at the Tel Aviv port. During the conversation, the suspect disclosed that he’d “already downed a bottle of Beluga (vodka).”

The group then made its way to a birthday party in the Tel Aviv suburb of Givatayim, with one of Bar Zakai’s friends serving as the designated driver in the suspect’s car. Dissatisfied by the party, the suspect urged Davis and the designated driver friend to continue with him to Tel Aviv.

After the latter two told Bar Zakai that they wanted to stay, the suspect became enraged and stormed off toward the car on his own.

Realizing that his friend was drunk, Davis called to Bar Zakai and tried to convince him not to leave.

“You’ll get to Shalvata with your license revoked for the rest of your life,” he told his friend, but was unsuccessful in stopping him.

Bar Zakai phoned the other friend, letting him know he was leaving Givatayim and would arrive at the bar in 20 minutes. During the conversation, the suspect again mentioned that he had “downed a bottle of Beluga.”

Just after 1 a.m., Bar Zakai was driving down Shai Agnon Street in northern Tel Aviv when he reached a curved intersection at Ibn Gabirol street. Bar Zakai failed to slow down before making the turn and plowed into Shalev-Amsalem and a friend, who were waiting at a street crossing.

Shalev-Amsalem was thrown 26 meters (85 feet) through the air and his friend was flung 15 meters (49 feet) from the point of contact. The victims were rushed to the hospital where Shalev-Amsalem was pronounced dead shortly thereafter. The second teen sustained moderate injuries to his upper body.

Upon getting out of his wrecked car and seeing the victims’ bodies, Bar Zakai called Davis, panicking. “Listen Hillel, I’m wasted. Bring me water,” he said, in an effort to blunt the effects of the alcohol before being tested by police.

When he realized that Davis was not coming, Bar Zakai asked a municipal employee at the scene for water. He quickly drank the entire 1.5 liter bottle.

The suspect immediately asked for another bottle, arousing the suspicions of the employee, who refused.

At that point, Bar Zakai phoned Davis again and told him not to tell anyone that they had drunk together earlier that night.

He later tried to force himself to throw up in an attempt to further diminish signs of alcohol in his system. The suspect then phoned Davis one more, and his friend recommended that he eat mints.

Bar Zakai then realized that all of his calls had been recorded by an app on his phone, which he deleted on the spot.

Police at the scene of the accident had Bar Zakai take a breathalyzer test, which found that he was under the influence of alcohol. The test marked his blood alcohol level at 600 micrograms per liter, more than twice the amount allowed for a driver under the age of 24.

Since the test that was performed is often not enough to hold up in court, police requested an additional, more accurate blood test, but Bar Zakai refused. According to Israeli law, such refusal means that the suspect is legally considered to have been drunk.

Jacob Magid contributed to this report.