Prosecution seeks 3-5 year sentence for Elor Azariya

[Nevski]

Prosecution cites intent in push for 3-5 year imprisonment for soldier who shot wounded terrorist.

http://www.israelnationalnews.com/News/News.aspx/224190

Military Prosecutor Nadav Weissman announced Tuesday night that the military prosecution would seek a 3-5 year imprisonment sentence for Sgt. Elor Azariya, who was convicted last month of manslaughter for shooting a wounded terrorist.

Weissman stressed the seriousness of Azariya's action. "Azariya, who is a trained combat soldier, used the weapon provided to him by the military to carry out an unlawful killing, contrary to the rules of engagement, and which he said was done deliberately. It is important to emphasize that the defendant made no mistake. He said so explicitly, and the court stated so explicitly. The defendant said that he would repeat the act tomorrow. This is not a mistake of any kind and it is not any kind of confusion."

The prosecutor continued, "The court ruled that the defendant acted with intent to bring about the death of the terrorist ... and not because of any danger to the defendant. These settings show the high degree of guilt. The defendant acted with intent that is more severe than the level of the criminal offense of manslaughter, and that is how the court ruled."

On the other hand, Weissman acknowledged other factors which must betaken into account, such as the medical conditions of Azariya's parents, and Azariya's good behavior. "We seek in this sentence the minimum time of imprisonment [for the crime committed], in light of the defendant's good behavior, his excellent record of service prior to the incident, and his situation."

However, Weissman emphasized to the judges that "there is no further room for consideration than that." He also demanded that Azariya be demoted to the rank of Private.