Soldier who played with weapon and killed comrade gets 3 years
Judges say punishment fits crime of severe safety violation. Killed soldier's father: I feel as though someone spat in my face
Soldier Dan Waltziano, who was convicted of killing fellow soldier Corporal Yaniv Pozoarik in March 2008 while playing with his weapon at a northern IDF post, was sentenced on Thursday to three years in prison.
He was also handed a two-year suspended sentence.
The judges of the IDF Northern Command's court said the punishment fits the crime - severe violation of safety procedures that resulted in the accidental discharge, killing Pozoarik.
Pozoarik's father, Yafim, complained that the sentence was light. "This is a joke. I feel as though someone spat in my face. I expected the soldier to be sent to jail for a much longer period of time," he said following the court hearing, "That's what he deserves for what he did."
The father's legal counsel, Attorneys Shlomo Tzipori and Shlomo Rachvi, said that while the conviction is the first of its kind under these circumstances, the sentence was too light. The attorneys said they intend to discuss the matter with the military advocate general later Thursday.
Following Waltziano's conviction on Tuesday, members of Pozoarik's family shouted at him that he had not apologized yet. Waltziano whispered "sorry" quietly.
Waltziano was charged with killing Pozoarik in March 2008 while cleaning his weapon.
"He opened the weapon's safety-catch and pressed the trigger without checking the muzzle or where the weapon was pointing," the prosecution claimed.
The decision to indict the soldier was made a year and a half after the tragic incident. The IDF initially believed that the accidental discharge was a result of an act of cleaning the weapon, however an investigation conducted by a high-ranking officer revealed the incident wasn't a clear case.
It was then decided to indict Waltziano for manslaughter, which bears a maximum sentence of 20 years in prison. Shortly before the trial opened, the defendant was arrested on suspicion of being involved in a robbery in the Sharon region.
