Jerusalem border cop cleared of wrongdoing for killing autistic Palestinian in 2020
Officer acquitted of manslaughter for shooting Iyad Halak after mistaking phone for gun; court says its ‘heart is with deceased’s family,’ but believes policeman perceived threat
A Jerusalem court on Thursday cleared a Border Police officer of wrongdoing for shooting and killing an autistic Palestinian man in 2020.
The officer, whose name is barred from publication, shot and killed Iyad Halak in the capital’s Old City after mistakenly believing the phone he was holding was a weapon, and after Halak did not obey orders to remain still.
He was charged with reckless manslaughter, which the Jerusalem District Court acquitted him of.
“There is no justice. Shameful. My son is under the ground,” Halak’s mother shouted after the decision was read out, according to Channel 13 news.
The May 2020 incident occurred as Halak was heading to a special education school. After the officer mistook his phone for a gun, he and another cop chased after Halak, who did not understand the situation and was spooked by the cops and their calls for him to halt. The officers eventually cornered him in a garbage room, where the officer shot him twice, killing him as he lay on the ground.
“The court’s heart is with the family of the deceased,” the judges wrote in their ruling, noting that Halak’s parents and sisters had arrived for every hearing “and made heard their cry for justice.”
“However, the court must do its job, even if it is very difficult.”
In the ruling, the judges said they accepted the officer’s position that he believed at the time that he was in danger and had to make a rapid decision in moments.
“It was not possible to establish that the decision to fire at [Halak’s] lower body was unreasonable, indicating something other than a sincere mistake,” they said.
Regarding a second shot fired at Halak’s upper body, the court found the defendant felt he was in “tangible danger,” as Halak’s movements as he fell to the ground could have been interpreted as an effort “by a terrorist not to give up and again try to cause harm.” The judges also noted he was a young officer caught in his first such operational situation.
Border Police commander Amir Cohen hailed the ruling and said he had spoken with the officer and his father. Cohen told the officer he will be able to resume operational duties and approved his request to join a commanders’ course scheduled to start in the coming weeks.
The officer and his father thanked Cohen, according to a statement from police.
Israel Police Commissioner Kobi Shabtai, who was Border Police commander at the time of the incident, also praised the decision.
“This is an incident in which a person lost his life and therefore it is unfortunate. But at the same time, I said from the start that we, the commanders, sent the officer on a mission and we have a responsibility to stand by him,” Shabtai said in a statement. “I believe that the court was correct in its decision.”
“We will continue to stand by Israel Police officers,” Shabtai added.
Far-right National Security Minister Itamar Ben Gvir similarly cheered the decision and expressed his support for police.
During his testimony, the officer said he believed Halak was going to carry out a “killing spree” after hearing calls of “terrorist!” on the radio and from other nearby policemen.
“The commander yelled at him to stop, but [Halak] didn’t listen. At that point, my commander fired and I heard a woman screaming,” the officer told the court in February while appearing with a mask to conceal his identity.
Claiming he thought the screaming woman’s life was in danger, the suspect chased Halak into a garbage room, where he shot him. Seeing Halak move, he fired again, he told the court.
“These were a few seconds that felt like an eternity. It’s such a quick event, I didn’t have time to break it all down. I wanted to save that woman,” he recounted.
He was apparently referring to Halak’s caregiver, who was actually screaming in fear of the officers and has sued the police for emotional distress.
At the time, the shooting drew comparisons to the death of George Floyd in the US and prompted a series of demonstrations against police violence. The uproar crossed Israeli-Palestinian lines and drew Jewish protesters as well, and Israeli leaders expressed regret over the shooting.
