The case of chef Tom Aviv and Yaakov refuses to fade: After the police prosecution decided to drop the indictment filed against Dego, who allegedly abused his dog near the Coco Bambino restaurant and was beaten by the name Tom Aviv, his lawyer is now asking to cancel the change in the grounds for closing the case from "lack of evidence" to "absence of guilt."
"Compared to the speed with which the officers pulled out the handcuffs (arms and legs) against my client, who did nothing, compared to the patience with the chef as he raged for a long time, raises questions," the motion reads, in part.
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According to chef Tom Aviv's claims, Dego abused his dog two years ago outside Aviv's restaurant, Coco Bambino, but videos documenting the incident proved that Dego did not kick his dog at all and that the one who attacked was Aviv, who hit Dego in the face and even took his dog, which was not returned to him. After the videos revealed this, the police decided to drop the indictment but closed the case against Dego for lack of evidence.
Now, attorney Sandy Lifshitz, who represents Dego on behalf of the Public Defender's Office, has sent a letter to the Claims Division asking for a change in the grounds for closing the case.
"The defense accepted with great astonishment the decision of the investigating unit to close the case against the defendant on the grounds of "lack of evidence" instead of "lack of guilt" as requested in the request to close the case. Closing the case on the grounds of 'lack of evidence' is puzzling, since an examination of the investigation material indicates that there is ample evidence of the relevant incident; Beyond the testimonies of various eyewitnesses, there is a video documenting the incident," Lifshitz wrote.
She added: "The defense will argue that it is precisely the evidence available in the case (all of them) that leads to the unequivocal conclusion that this is not an incident of animal abuse and that my client should be cleared of any such suspicion. According to the video in the file documenting the incident, it is clear that my client waved his leg in a gentle motion towards his dog, when it is doubtful whether he touched him at all, in order to prevent him from advancing towards another small dog that was passing by. This hoisting, with all due respect, cannot constitute a criminal offense."
It was also claimed that the dog's subsequent behavior (wagging its tail) and the policemen's reports that the dog was in good condition and in high spirits with no sign of injury or abuse indicate that there was no abuse and if there was anything it was a libel against Dego.
"My client was attacked at the event by chef Tom Aviv while he was in their custody of the police. At this point, it should be noted that compared to the speed with which the police officers pulled out the handcuffs (arms and legs) against my client, who did nothing, compared to the patience with the chef as he raged for a long time, raises questions. My client was not even informed of his rights at the time of his arrest and was outrageously arrested for mutual assault and not her! And the police officer's body cameras will testify to this by about a thousand witnesses," Lifshitz wrote, adding that "my client, who was frustrated, and rightly so, tried to understand why he was being detained, and in response was threatened with the use of a taser against him. Moreover, my client's dog was stolen and has not been returned to him to this day."
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