State Attorney Amit Isman announced Monday that all investigations against Roi Yifrach, Yisrael Biton and Sahar Ofir in the case of the suspected killing of a Hamas Nukhba terrorist will be closed, citing lack of evidence.
The case, initiated in December 2023, involved an extensive investigation by Tel Aviv’s Central Unit into the terrorist’s death during the October 7 attacks.
Yifrach, the main suspect, faced allegations of impersonating an IDF soldier in Gaza and murdering the terrorist. Initially detained in December 2023 and re-arrested in July, he was ultimately cleared of the charges and convicted solely of illegal firearm possession.
Biton, a volunteer with United Hatzalah, was also arrested on suspicion of murder but released during the first detention hearing. Biton maintained throughout that he was in Gaza border towns on October 7, 2023, to save lives and aid in combat, carrying a licensed firearm.
Ofir, 22, from Elkana, was similarly cleared of allegations related to the terrorist’s death. Ofir, who was also investigated for an unrelated incident involving the alleged abduction and assault of a Palestinian, was accused of participating in the brutal beating after detaining the individual based on suspicions tied to a Hamas-affiliated phone background photo. Security officials later confirmed no connection between the detainee and Hamas or other terror groups.
The prosecutor’s statement noted that the case, launched in November 2023, initially focused on Yifrach, Ofir, Biton, Akiva Kaufman and Israel Peretz, following Ofir’s claim that Yifrach had shown him a video of stabbing a bound terrorist to death.
While evidence such as blood in Yifrach’s vehicle, a video of him striking a terrorist and WhatsApp confessions from Yifrach and Ofir raised suspicions, significant contradictions emerged during the investigation.
The forensic report ruled out all proposed causes of death and testimonies indicated the terrorist was handed over alive to security forces. The statement also noted Ofir’s history of false boasting about ties to security forces.
"Given the chaos during the initial days of the war, the difficulty in reconstructing events and the low credibility of the confessions, which are likely just bravado, the state attorney decided — contrary to other recommendations suggesting closure due to insufficient evidence — to dismiss the case entirely for lack of criminal culpability," the statement read.
Yifrach’s attorney, Eitan Sabag, said, “Roi is a hero who faced character assassination after his re-arrest over an absurd claim of murdering a Nukhba terrorist. We welcome the State Attorney’s decision to dismiss the baseless allegations, fully exonerating him.”
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Biton’s attorneys, Yehuda Fried and Tal Gabay, added, “We commend the decision to close the case for lack of criminal culpability, fully clearing our client’s name of the unfounded accusations. The injustice done to our client, a United Hatzalah volunteer who saved dozens on October 7 and found himself accused of murdering a despicable Nukhba terrorist, cannot be overstated. All evidence in the case demonstrated his innocence, leading to his exceptional release in the first hearing.”
Ofir’s attorney, Haim Shriebhand, said, “After a determined legal battle, the prosecution has finally cleared Sahar Ofir’s name, closing the case for lack of criminal culpability.”