ATV driver who killed girl on Yom Kippur indicted for manslaughter
Decision based on lack of evidence proving intent to harm. ATV driver, passenger also face charges of endangerment, aggravated assault, obstruction of justice; may receive 20-year jail term
Asad Shibli, the ATV driver who run over and killed an eight-year-old girl in Kfar Tavor on Yom Kippur, will be charged with manslaughter instead of murder, the police and the State prosecutor's office said Tuesday.
Shibli, a resident of Kfar Tavor's neighboring village of Arab al-Shibli, entered the Jewish community on Yom Kippur and proceeded to ride his ATV (all terrain vehicle) near the local synagogue.
Gino suffered fatal injuries and later died of her wounds. Shibli himself was mildly injured.
On September 30, the police appointed a special investigator to the case, who declared Shibli a murder suspect and the man riding the ATV with him an accomplice. This was a legal precedent, as no driver who caused a fatal accident has ever been investigated for murder before.
No intent to harm
The decision to indict both Shibli and his passenger for manslaughter instead of murder was made only after the police failed to prove intent – a must for a murder charge.
"There is no doubt he (Shibli) entered Kfar Tavor in order to provoke the local residents, but after interrogating him it was clear to us that he never intended to kill or even harm anyone," police sources told Ynet.
Shibli may not face murder charges, but according to the police, this is one of the gravest manslaughter cases ever seen in Israel. "The law stipulates a maximum of 20-year in jail for manslaughter… this case will probably carry at least that."
The State prosecutor's office also intends to charge Shibli and his passenger with endangering human lives, aggravated assault, obstruction of justice, driving without insurance and driving without a license.
