Aviad Moshe was sentenced today (Thursday) to 23 years in prison, after being convicted of attempting to murder his then-wife and his current ex-wife Shira Isakov.
Unusually and in addition to the attempted murder, the Be'er Sheva District Court also convicted Moshe of abusing his toddler son, an unprecedented clause - since he did not directly abuse him, but his mother before his eyes.
The following is a summary of Aviad Moshe's sentence:
New Year's Eve 5741, dusk. The smell of the holiday in the air. Everything is busy with final preparations for the holiday, the neighbors' children are playing in the yard, pastoral serenity against the desert background. In the yard of his house, Etz quickly rushes to his mother - Adi Gozi, urging her to leave her business and feel for the help of the crying bitter baby.
Then you are revealed to the horrible neighbors.
Defendant beats singing with a rolling pin - the same rolling pin in which he rolled the dough for challah she had baked for the holiday just a short time earlier.
A thump and another thump, the explosive sounds of the rolling pin touching her head, deafening ears, penetrating and tearing the heart.
On a night of screams and cries mingling with each other - the cries of the complainant begging for her life before the accused her partner and her son father, the cry of the toddler - a heartbreaking cry of one whose life has changed forever;
Shira's mother cries when she hears the outburst of violence during the phone call with her daughter, and asks the defendant to stop, calls the police and begs them to feel for Shira's help, because her hand is too short to save;
And the neighbors shouting to the defendant to stop immediately.
But the defendant is ripe.
A thump and another thump, and another thump, and another thump, and another thump and he keeps pounding on her head over and over, with everything around continuing to scream for him to stop.
But the defendant is ripe.
And in all the moments of horror the complainant with the rest of her strength tries to protect her son, asks the accused to hug him, fights to stay alive so that her son does not remain an orphan from a mother, even though she feels her moments are few and as she shouts to the accused: "
Aviad, Aviad, he will not have a mother ... ".
But the defendant is ripe.
Holding Shira's throat, she whispers "I
'm already dying,"
looks into her eyes and strangles her.
And she's still alive, struggling to breathe even though she feels the oxygen is already running out.
But the defendant is ripe.
Stabbing, skipping, strangling, beating - a cruel journey of severe and brutal violence, when only miraculously did the complainant survive, after her life depended on restraint and she seized life with the rest of her strength.
As stated, for these acts the defendant was convicted after hearing evidence of the offenses
of attempted murder and aggravated assault against the complainant - Shira Iscove - his wife at the time, and abusing the minor in relation to his toddler son who was not yet two years old.
One act or two acts?
We must first examine whether the offenses of attempted murder and grievous bodily harm committed against the complainant constitute one act, and the offense of abusing a minor constitutes another act, or whether all the offenses constitute one act;
And the answer to that will cast doubt on the question of whether the defendant can be given an additional sentence, or not.
Having examined the arguments of the parties, our conclusion is that it should be determined that this is one incident involving two acts.
This is in light of the circumstances of the case, its results, the damages caused to the complainant and the toddler, and the social interests that were harmed, while giving weight to the toddler's voice and harm to him.
All of these indicate the establishment of two different acts - one act which was committed against the complainant and another act which was committed against her toddler son.
It should therefore be said in a clear and loud voice - there is no room to swallow or generalize a situation in which an act of mental or physical abuse is committed against a minor, and should not be seen as "treatment that goes after the main" or one that is swallowed up in domestic violence against a daughter or spouse.
This is in light of the actual harm to the safety, dignity and psyche of children who are exposed to violence in the family cell;
And this is especially true in the circumstances of our case, which amount to actual mental abuse of a toddler who is forced to be exposed to the same harsh sights of his mother based on blood as his father continues to bang her head, and there is no savior.
Shira Isakov, Photo: Yoav Dodkevitz
Determining the appropriate penalty range for the entire incident
The offense of attempted murder
Defendant in his actions severely and exceptionally violated the power of the values of the complainant's bodily integrity and dignity, and the value of the sanctity of life when he tried to murder her.
The complainant following his actions was in a humane state, between life and death.
The defendant's actions constitute a serious injury to the trust and personal sense of security, of each and every one.
Beyond the high intensity of the injury due to the very nature of the acts and the manner in which they are performed, the sense of personal security is violated, when the acts are performed inside the house, in a place that should be protected and safe.
In this case in their apartment where the smell of the rolling dough could still be smelled.
Injury is another layer of severity when it is done by a family member - in our case the spouse, which leads to the same family nest that is supposed to contain and protect - as a fortress home, suddenly becomes a chaotic and bleeding arena, where the complainant is thrown on the floor, brutally and severely attacked. And almost loses her life.
As to the circumstances of the commission of the offense
This is an exceptional case for severity even in our districts, although unfortunately violence in general and against women in particular on the part of their spouses, has spread in our places.
We are witnessing a severe and horrific phenomenon in which women are subjected to violence and oppression by their partner, and feel that there is no savior;
Which requires that the courts also contribute to an uncompromising and stubborn war on this phenomenon, inter alia by severe punishment.
The extreme violence and cruelty are often demonstrated by the multiple and severe injuries to the complainant, as evidenced by the medical documents and photos documenting her condition in the hospital.
The listener to the audiotape will be exposed to the freezing sound of the encounter between the rolling pin and the skull bones, time after time, so much so that it is hard to believe that the same thumping and shattering sounds are produced from that encounter.
Moreover, the defendant had a number of "exit points" at which he could have stopped the horror campaign;
And this is even heard in the recording in which it is heard that the defendant stopped for a moment from his actions and the complainant tries to speak to his heart and calm him but to no avail.
As for the damage caused to the complainant from the commission of the offenses, the picture of the damage that appeared before us is very difficult.
It seems undisputed that the complainant's life before and after the incident is not the same life, for it is not necessary to go far in the imagination to understand how much the defendant's actions destroyed, harmed, and shattered both physically and mentally, many good parts of the complainant's life;
And the way to rehabilitate them and heal the fractures in order to lead a normal life again is not simple at all.
Even in the future, the complainant is expected to face a complex struggle on the path to optimal rehabilitation, both physically and mentally.
The defendant argued that in determining the sentence the court should take into account the reasons that led to the commission of the offense. That the violence began and take them into account.
We are unable to accept the provocation allegation, which we also rejected in the context of the verdict, and which in fact came to divert the spotlight to the complainant's field, and to plant there the reasons or causes of the defendant's actions.
It is not possible to strike a result, which the defendant actually strives for in his arguments and which runs like the second thread in the defendant's words also in his letter to us, because it was the complainant who caused him to "lose it" in his words;
Thereby effectively reducing his responsibility for the act or his degree of control over his actions.
Can not be reconciled with an attempt to make contact as a cause, as a perpetrator, or as a mitigating circumstance, between a monstrous outburst of violence by the accused who is brutally attempting to murder the complainant, and an argument between spouses and exchanges between them, even if these are difficult and bitter?
The offense of abusing a minor
Defendant committed the aggravated acts of violence against the complainant in the presence of their son, while he was near his mother and is in the heart of the violent and bleeding arena in the bulk of the incident.
His loud cries are heard on the recording so loudly that the wounded and bleeding complainant manages in all this chaos to ask the accused to come and hug him.
The defendant in his actions violated the most basic social values of the integrity of the body and mind of children, the dignity, the right of children to be protected by their parents, and a safe environment that will allow their normal development.
As for the circumstances of the offense, as noted in the verdict, these are cruel and abusive acts since: "... the
toddler was at the heart of the violence and terror, experiencing things with all his senses - sight, hearing, smell, touch and blood contact in his body."
Another circumstance of severity is in the fact that the defendant took advantage of the toddler's inability to cement himself from the scene or assist his mother lying before him drinking blood, and it is clear even the helplessness the toddler probably felt, who did not know his soul.
Moreover, the picture of the damage caused to the minor is complex and significant.
As emerges from the survey of victims of crime and the growing understanding of the consequences of trauma at a young age, it is clear that the toddler's invention in the heart of darkness when he sees his father up close in a rampant and incessant violence in his mother.
In the way he connects, and in his perception of the world and the family unit as a safe and beneficial place.
In view of the above, after considering the circumstances of the case before us, taking into account the important and numerous social values that were harmed as a result of the commission of the acts - towards the complainant and towards the toddler, the degree of injury and its intensity, the serious circumstances of the offenses in general, And in the punishment policy practiced in similar cases, we have found that the appropriate penalty range stands at a range of 20 to 25 years of actual imprisonment.
Sentencing of the defendant within the compound
Defendant admitted most of the facts cited in the indictment and this should be credited to him;
The same applies to the manner in which the case was conducted and the manner in which all the evidence was presented in agreement.
However, reading the letter submitted to us along with the things the defendant said orally shows that the defendant's admission of the facts was formal, in fact the defendant does not take responsibility for his actions, and in practice still holds the same positions he expressed in his police investigations.
The narrative that hovers over his words, whether explicitly or implicitly, speaks to the fact that the presentation of things by the complainant was distorted, trending;
Because poetry is the most violent and problematic in the whole story;
And even though he regrets his actions and apologizes, in fact it is the accusation that he was allegedly pushed to the edge.
It is difficult to accept such an expression of remorse, when all the defendant has to say in conclusion is that poetry "
is not a model for violence, it is violence here
" (Minutes p. 286).
Beyond the fact that things are unfounded on their faces, given the medical and physical condition in which Shira was after the defendant's violent journey towards her, and on the other hand the defendant walks unharmed to the police car;
This indicates that the defendant is still in the same place - hanging the culprit in it, not taking responsibility, which illuminates his expression of remorse in a different light.
To the credit of the defendant stands the fact that he has no previous criminal record and has functioned positively and normatively throughout his life in various settings.
As part of the defense evidence, we were also presented with a number of letters from people who knew the defendant for years and from different angles - some as part of work and some members since the army, when all attached letters indicate that the defendant functioned positively, And his contribution was great.
We will not be able to complete our work without the required media coverage that accompanied the procedure.
First of all, we will emphasize the obvious - a professional court knows how to detach itself from outside noises that are not part of the trial, and our decision in this case was made solely on the basis of what was presented to us in the procedure itself, ensuring that the courtroom remains pure and free of background noise.
We made sure to avoid watching any TV show or press interview with the complainant, or with other witnesses related to the trial, even though these were quite a few;
This is also with reference to the defendant's claims in this matter.
At the same time some will say, that the media bustle around this case is so powerful, and the fact that even before the complainant's testimony was heard before us, things were brought up in detail on a TV show;
Justifies a second thought, even in terms of the appearance of justice in the broadest sense, and the fear that it will hurt public confidence at the end of the day.
Epilogue:
In view of all the aggregate, after considering the arguments of the parties, the totality of the circumstances of the case, and the totality of considerations for kula and severity detailed above we impose on the defendant the following penalties:
- Actual imprisonment for 23 years less the days of his detention.
- 24 months probation, for a period of 3 years from the date of his release from prison, and the condition is that during this period he will not commit an offense of the offenses for which he was convicted or an offense of violence which is a crime.
As for the compensation component, we found that in this case, in view of the great damage caused to the complainant and her toddler son, on a physical and mental level, we believe that there is room to rule on the maximum compensation in law.
This is when the defendant's financial situation does not constitute a consideration for the estimate of compensation and no evidence was presented in this case of a difficult financial situation, and when we did not find that the defendant's claims regarding the funds raised by the complainant in a mass recruitment procedure should be taken into account. The complainant in the amount of NIS 258,000.
Right to appeal to the Supreme Court within 45 days.
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