Policeman who kidnapped, killed Palestinian gets 8.5 years
Border Guard officer who threw 17-year-old Hebron residents out of moving jeep sentenced to eight and a half years in prison; fellow officer who documented incident sent to jail for five and a half years
The two were also convicted of aggravated assault, abusing power and obstruction of justice. Officers Yanai Lalza and Bassam Wahbee were also convicted for their involvement in the incidents, with the court sentencing Lalza to six and a half months in prison and Wahabee to four and a half years.
Judge Orit Efaal-Gabay noted that Butbika had attenuating circumstances as he had attended all court hearings and kept in contact with the probation service.
According to the judge, Butbika was the dominant felon in the affair and significantly contributed to the youth's death, but his mental situation was not good and he had been diagnosed as suffering from a mental crisis since he was released from detention in January 2004.
She added that the officer had been under full house arrest for more than five years and had never asked to ease his conditions or go out and work, which she said must also be taken into account.
As for Alhazov, the judge wrote that he deserved a severe punishment, as he did not confess to his part in the affair. Before the sentence was read, Alhazov told Ynet that he regretted what happened and was surprised he was convicted of kidnapping and killing although he did not take an active part in his friends' actions.
Mother 'crying over sentence'
Butbika's mother said after hearing the sentence, "It's very sad that on Memorial Day mothers cry over their sons' graves and I cry over my son's sentence."
Knesset Member Michael Ben Ari (National Union), who was also present at the court hearing and had been escorting the family since the start of the affair, said that "as a Knesset member in Israel I feel ashamed when I look at the Butbika family. I feel like our soldiers and children have been betrayed. Even if they have failed, they are still our children."
The prosecutor, Attorney Moshe Saada, said after the sentence reading, "This is one of the gravest affairs in the history of the Border Guard. The court expressed its disgust and the society's disgust with the actions described in the indictment.
"We are satisfied with the Alhazov's sentence, as he was only present in the jeep, but Butbika was the one who shoved the youth and caused his death. We are disappointed with his sentence and plan to file an appeal with Supreme Court."
According to the indictment, the four kidnapped 17-year-old Amran Abu Hamadya in Hebron in December of 2002. They dragged him into their jeep, proceeded to beat him and eventually threw him out of the car at high speed.
The indictment noted in detailed how Hamadya was first ordered to jump out of the moving vehicle, and when he refused, Butbika and Lalza make him stand up in the back of the jeep, using its roof straps as support. The two then forcibly pried open his grip and pushed him out of the vehicle, which was reportedly driving at 70 to 80 kilometers per hour. Hamadya was slammed into the road and suffered fatal head injuries.
