Court raps bid to blame Arab driver for death of cousin shot by cops

Jerusalem Magistrate’s Court on Monday approved a one-day remand extension for an Arab man blamed by police for the death of his cousin, who was shot dead by Border Police officer in East Jerusalem last week. But the judge also slammed efforts to try the man for manslaughter.

Ali Nimr was driving near Shuafat refugee camp with his cousin, Mustafa Nimr, last Monday morning, when Israeli forces who feared the erratically moving vehicle was heading into car-ramming attack opened fire.

Mustafa Nimr was killed at the scene.

Police then blamed Ali for his cousin’s death, claiming his reckless driving caused the officers to open fire. The police investigation into the incident accused Ali of manslaughter, driving under the influence and other traffic violations.

Though the judge presiding over Monday’s remand hearing acquiesced to thhe police request to extend Nimr’s remand, he leveled harsh criticism against law enforcement for their handling of the case.

“I fail to understand how the same charges were included in this [remand] request, despite my saying last time that there are no grounds to charge the defendant with manslaughter or involuntary manslaughter,” Judge David Shaul Gabai Richter said.

He noted the preliminary autopsy results appeared to indicate Mustafa’s death was caused by the shooting, not his cousin’s driving.

Richter also slammed police for prolonging their investigation into the incident, despite having been granted an “extended amount of time” to do so by the court.

Still, Richter determined that Ali’s behavior was “risky in itself and therefore the consequences must be taken into account.”

“The defendant has certain responsibilities to refrain from drugs and alcohol while driving. But in my opinion, there is considerable distance between the behavior of the defendant and the outcome of the incident in which his cousin was killed,” the judge said. “And I therefore believe there is no basis to accuse him for the death.”

Last week, police said officers opened fire on the car because it was “continuing in their direction quickly” and not heeding calls to stop.

Police said that Ali confessed to driving under the influence at the time of the shooting, and later said his “behavior and management of the event” caused his cousin’s death. A police statement last week said Ali was under investigation for manslaughter, involuntary manslaughter, driving without a license, driving under the influence of drugs and alcohol, and endangering lives.

However, a video from the scene broadcast by Channel 10 news on Tuesday cast some suspicion on the officers’ claims. In the footage, the officers could be seen shooting at the vehicle after it had already stopped.

On Wednesday, the Justice Ministry said an investigation into the shooting had been opened in order to determine if the use of deadly force by Border Police was warranted.

Judah Ari Gross contributed to this report.