A 20-year-old Jewish man was sentenced on Tuesday to 400 hours of community service and a 7,500 shekel ($2,200) fine for attacking a Palestinian worker and injuring him. He will also be on probation for eight months. The State Prosecutor’s office is considering appealing the lenient sentence.
Judge Chana Miriam Lomp of the Jerusalem District Court said she imposed the light sentence because of the man’s personal circumstances and because he accepted responsibility for his actions and recognized his mistake – even though considerations of justice, deterrence and protecting the public must also be taken into account in this case.
Daniel Cohen Shor was convicted of his own admission in a plea bargain deal for the crime of aggravated battery. He attacked, along with five others, N., a resident of the town of Walaja just south of Jerusalem who was on his way home from work. N., 45, works in the poultry coop in nearby Moshav Even Sapir.
The attackers tried to take hold of the donkey he was riding and when he objected, they threw a stone at him. He had a hard time breathing and after the group gathered around him they threw two more stones at him. One of the stones hit him in the ribs on the right side and the other stone hit his left ear.
The trial of the other defendants involved in the incident is still underway. Cohen Shor is expected to testify against the others involved in the incident.
Some of the group punched N. in the head and leg while he was lying on the ground while cursing him and calling him an “Arab son of a bitch,” said the judge. N. required stitches in his ear and injuries to his back and leg and required medical treatment. He also suffers from post-traumatic stress and pain, the court was told.
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At first, Cohen Shor denied the charges but a year ago he admitted to the acts in a plea bargain. The plea bargain did not include an agreement on the sentence. Prosecutors asked for a prison sentence of one to three years, while his lawyer said Cohen Shor did not instigate the attack and was just one of those involved.
The judge said the acts carried out by the “gang” together are serious and were carried out in various stages. The defendant could have stopped at any stage but he chose to remain and participate. But the judge accepted some of the defense’s arguments, saying Cohen Shor was not charged with physically attacking N. or carrying out any specific actions, but only as a member of the group.
Lomp determined the sentences in similar cases generally range from a few months of community service to 18 months in prison. Some of the reasons for leniency in this case were that Cohen Shor was only 19 when he committed the crime and was held in jail under arrest for a month. He also confessed to his crimes and had no criminal record, said the judge.