"Brother, I think this is the building": A case of mistaken identity ends with a fragmentation grenade and gunfire at a balcony

A fragmentation grenade thrown at the wrong balcony severely wounded an innocent person, and subsequently, five bullets were fired at the balcony the defendants had intended to reach in the first place. The Tel Aviv District Court recently sentenced four defendants to prison terms ranging from 32 to 50 months, after they confessed and were convicted as part of a plea bargain in a case that began with a dispute and escalated into two serious violent incidents in a residential area in Tel Aviv.

According to the amended indictment, to which the defendants confessed, a dispute arose between the defendant Michael Sasson and a person who lived with his family on Moshe Dayan Street in Tel Aviv. As part of the first incident, Vort Dasalin and Ruslan Dobernov conducted patrols and surveillance in the vicinity of the building with the aim of locating the family's balcony, while reporting to Sasson and sending him photos. One of the messages read: "Walla brother, I think this is the house, there are two people there and one of them looks like him, I think this is the house...".

However, the defendants were mistaken in identifying the balcony. The next day, a person whose identity is unknown to the prosecution armed himself with a fragmentation grenade. Near midnight, the grenade was thrown at the balcony they mistakenly believed belonged to that person's family. At that time, L.A. was in the living room of his apartment on the first floor. The grenade exploded, glass shattered, and shrapnel penetrated his body. He suffered widespread and deep injuries to his neck, nape, face, scalp, chest, armpit, and limbs, as well as a fracture of the cervical spine. He was rushed to the hospital, underwent surgery, and was hospitalized for four days.

About three weeks later, the four defendants conspired to carry out a shooting at the person's balcony. According to the amended indictment, they conducted additional patrols and surveillance in the area. Later, Dasalin and Ben Oakinin armed themselves with a weapon capable of firing 9mm bullets. During the preparations, Sasson sent Dasalin a message: "Leaving you helmets too". Later, Dasalin and Oakinin went out on a scooter towards the building, and at approximately 22:39, Oakinin fired five bullets at the person's balcony. As a result of the shooting, damage was caused to the building, and the two fled the scene.

Oakinin was also convicted of possessing 60 grams of cocaine not for personal use in his apartment in Netivot. Dasalin was additionally convicted in a case joined to the proceedings for the offense of possessing a knife, after, according to the indictment in that case, he possessed a folding knife with a blade about eight centimeters long on a street in Holon.

In its sentencing arguments, the prosecution emphasized that the plea bargain was born after a lengthy mediation process and against the backdrop of evidentiary difficulties, which it claimed had already been reflected in the amendment of the indictment, and therefore the defendants should not be granted "double discounts" in sentencing. The prosecution insisted on the harm to human life, bodily integrity, public order, and a person's right to live in peace in their home, and described the fragmentation grenade as a powerful weapon capable of causing indiscriminate killing. The prosecution further argued that the fact that the second incident occurred only three weeks after the first indicates determination and audacity on the part of the defendants.

The defense argued, on the other hand, that the plea bargain was the result of lengthy negotiations and significant evidentiary difficulties in the case. Regarding the first charge, the defense attorneys argued that the defendants' role was extremely peripheral and at the lowest level a court could imagine, and that the actions attributed to them, including patrols, surveillance, and sending photos, are not equivalent to the active act of throwing the grenade.

Regarding the shooting, the defense argued that the role of Sasson and Dobernov as accomplices was limited, while regarding Dasalin and Oakinin, it was emphasized that only five bullets were fired, which did not cause bodily harm, and that the damage to the building was minimal. The defense even pointed to provocation by those present on the balcony. Regarding Oakinin, it was argued that the 60 grams of cocaine do not justify the high sentencing range requested by the state.

Judge Shmuel Melamed rejected the attempt to downplay the severity of the actions. According to him, throwing a fragmentation grenade and firing from a firearm in a residential area constitute a severe violation of human life and bodily integrity and endanger innocent people. The judge noted that the use of lethal weapons capable of causing indiscriminate killing indicates a complete lack of appreciation for human life.

He added that committing serious violent crimes using weapons in residential areas creates fear and terror and undermines the public's sense of security. The court determined that both incidents were preceded by planning. The judge noted that in the first charge, patrols, surveillance, and reports were carried out, while in the second charge, patrols, surveillance, meetings, and coordination were done, and even a scooter with a license plate from another scooter was used. According to him, the prior planning indicates an intentional intent to harm and not a spontaneous act. Regarding the defense's claim of provocation by those present on the balcony, he ruled: "Even if provocation occurred, it in no way justifies firing from a firearm at a residential building".

After weighing the severity of the actions, the role of each of the defendants, their criminal history, personal circumstances, their confession, and the plea bargain, the judge sentenced Michael Sasson to 36 months in prison and a fine of 5,000 shekels. Vort Dasalin was sentenced to 42 months in actual prison, ten months of suspended sentence, and a fine of 7,500 shekels.

The court also activated a previous commitment of 7,500 shekels. Ruslan Dobernov, who was the only one of the four without a criminal record, was sentenced to 32 months in actual prison, ten months of suspended sentence, and a fine of 5,000 shekels. The heaviest sentence was imposed on Ben Oakinin. The court sentenced him to 50 months in actual prison. In addition, he was sentenced to ten months of suspended sentence and a fine of 12,000 shekels. The four defendants jointly deposited 40,000 shekels as compensation to the victim of the offense.