Court: Police can’t blame death of man they killed on his cousin
Ali Nimir remanded over traffic violations, though officers' claims his 'reckless' driving prompted them to fire were dismissed
A Jerusalem court rejected a police claim on Thursday that the shooting death of an Arab man by Border Police officers on Sunday night, as he was riding in a car in East Jerusalem, was the fault of his cousin who was driving the vehicle.
The Jerusalem Magistrate’s Court did, however, extend the remand of Ali Nimir, 25, as the investigation into the shooting death of Mustafa Nimir continues.
Police initially claimed the two were planning a car-ramming attack. They later retracted the allegation but did accuse Nimir of driving recklessly, arousing officer’s suspicions and causing them to shoot. Police said the driver was driving under the influence while operating the vehicle, a charge they say he has admitted to.
Police accused Nimir of “manslaughter, involuntary manslaughter, driving without a license, driving under the influence of drugs and alcohol, and endangering lives on a transportation route,” a spokesperson said Wednesday.
But Judge Gabai Richter said a day later that there was “a significant gap” in evidence supporting the police claim that Nimir was responsible for the death. Richter said he approved the remand request by police because of the driving-under-the influence charge and previous traffic violations by Nimir.
The Justice Ministry opened its own investigation, seeking to determine if the police’s use of deadly force was warranted.
The two men were driving past police officers who were conducting an operation in the Shuafat refugee camp in East Jerusalem. According to police, the officers opened fire at the vehicle, as it was “continuing in their direction quickly” and not heeding calls to stop. Ramat Gan resident Mustafa Nimir, the passenger, was killed on the spot; Ali Nimir, the driver, was moderately wounded. No Israeli troops were hurt in the incident.
A video from the scene, broadcast by Channel 10 news Tuesday, cast doubt on the officers’ initial claims that the two were terrorists who attempted to run over police. In the footage, the officers could be seen shooting at the vehicle after it had already stopped.
Nimir had been visiting his family in the refugee camp and had driven out with his cousin to pick up pizza. His fiancee, brother and a friend rode in a car behind them, the fiancee told Channel 10 news.
According to the fiancee, some of the officers’ gunfire also struck their vehicle. She also said police only stopped shooting when she identified herself as Jewish.
On Tuesday, Israeli officials visited the family, telling them Nimir was not suspected of terrorism and that they were sorry for his death, Nimir’s father, Talal, said.
“They came to me and apologized. They understood that it wasn’t terror or anything like that. It was an accident. He was a good man,” Talal Nimir told Channel 10.
Police would not comment on the officers’ actions, directing questions instead to the Justice Ministry’s Police Internal Investigations Department.