Nukhba terrorist murder suspect: 'The case blew up, suddenly they claimed he was a Gazan civilian'

Israel Biton, one of the suspects in the case, criticized the police and prosecution's conduct, questioning their puzzling decision to now classify the terrorist as a Palestinian civilian.

"Are they not aware of the murders, rapes, and arson cases?" Biton recounted the events of October 7th: "They asked us to take him for a Shin Bet interrogation; I only handcuffed him."

The terrorist's body had been held in Camp Shura all along, but the prosecution and police couldn't identify it.

Puzzlingly, after criticism following the case's prominence in the media, they now classify the terrorist as a Palestinian civilian. The police are not expected to request further restrictions on Israel Biton and Saar Ophir, two suspects in the case who were released last week under restrictive conditions.

In a conversation with Walla, Israel Biton detailed: "On October 7, at 10:15 a.m., I was at Gevaram Junction, where our operation began. We continued to Yad Mordechai, then to Sderot, Sha'ar HaNegev, and Shuva. I don't live there, but I was getting to know the area for the first time. I went down there in a private pickup truck with one of the guys with us. We continuously treated dozens of injured people for five to six days until Thursday."

According to Biton, "The police investigation focused on October 7, at noon, when police officers asked us to take a Nukhba terrorist who had been captured in one of the settlements."

"They asked us to take him for a Shin Bet (Israel Security Agency) interrogation, which we did, transporting him in a pickup truck while he was handcuffed with zip ties. I personally handcuffed him and took metal handcuffs from a police officer to prevent him from posing a threat. That's where the case ended, and then a bizarre investigation began," Biton said.

"I didn't delve into the terrorist's identity; you didn't have time for that during the battles on October 7. I only know that he was acquitted earlier," he continued.

"I don't know Saar Ophir at all; I met him for the first time outside the Tel Aviv Police central offices when we were both released from custody. I have known Roi Yifrah from United Hatzalah for the past two years."

"The investigators confronted me with the statement that no one can stomach: 'You are suspected of murdering a Nukhba terrorist out of hostility and racism.' And, of course, the lawyers confirmed with the police prosecutor that it was indeed the murder of a Nukhba terrorist. Naturally, after the case exploded, the media started saying it was a Gazan," Biton added cynically: "A Gazan who came to distribute baklava to our fighters so they would have the strength to fight."

Biton's lawyer claims media obscuration

His attorney, Yehuda Fried, added: "In a court hearing regarding the publication ban on the case, the police even suggested a version for the media that it was the murder of a Palestinian civilian, thus hiding and obscuring the fact that it was a Nukhba terrorist."

Biton: "Then they try to say it's fine for a Palestinian civilian who crossed the border on October 7. He didn't enter out of hostility, and we are unaware of the murder, rape, and arson cases committed by Gazans who crossed the fence," emphasizing, "On October 7, every civilian who crossed the fence murdered, raped, looted, and burned Israeli bodies. That was the mantra and the thinking."

"This specific terrorist was a Nukhba terrorist who was shot by IDF soldiers and asked us to transfer him to Shin Bet interrogation. I did my duty as a citizen of the State of Israel, in a place where we had no state, no army, and no security, and as a people, we had to fight, and so we did."

"I know Roi from October 7, and what happened afterward, from October 8, I don't know. For me, everyone who was there on October 7 is an Israeli hero. What happened afterward? I don't know the details, and I don't want to know."

Biton added, "Currently, the police tried to hint that I was involved in weapons theft. I am in no way involved in weapons theft; the only suspicion they threw at me is that I am involved in the murder of the terrorist."

Attorney Yehuda Fried emphasized: "Israel had a licensed gun. If Israel Biton wanted to kill the terrorist, he had 8 kilometers to shoot him with his personal gun and throw him in a corner on the side. He transferred him alive and breathing. He handcuffed him at the police's request; if he were dead, there would be no need to handcuff him."

Fried continued to criticize the police and prosecution's conduct: "I have been a lawyer for 20 years and have never encountered a case where a person is suspected of murder and released at the first remand extension when all that is needed to extend detention is a reasonable suspicion - that says it all."

"They are trying to involve Israel Biton in weapons offenses, which he is not connected to. This was not what was investigated. And what is the meaning of the prosecution's statement, which made a mess out of this whole episode? 'We asked for and received an arrest warrant from a judge.' It's very nice that a police officer comes to a remand judge at 8 in the morning with 50 warrants and gets an arrest warrant in such a one-sided manner."

"After six months of covert investigation, they have no evidence in hand, and the Magistrate's and District Courts determined this. So how do you even arrest a person on suspicion of murder without a shred of evidence?"

The prosecution responds

The prosecution responded: "In December 2023, an investigation was opened following information received about the theft of weapons from the Police Counterterrorism Unit who were killed in the battles on October 7. Following the information, an investigation was conducted, leading to an indictment against 'R' for weapons offenses and impersonation, and he was detained until the end of the proceedings.

Another suspect, 'S,' was also investigated. During his investigation, his written statements from that time were found, in which he allegedly confessed to killing several terrorists whom he and others had captured alive, as well as to committing severe violence against terrorists not in the context of combat.

After examining the matter, it was decided that these statements, in which the suspect allegedly confessed to killing terrorists who were captured alive, warranted his warning interrogation. During his interrogation, it became clear that these were allegedly boastful statements. Additionally, during a search of suspect 'S's' house, an illegal gun and parts of M-16 rifles were found, and he was also warned about this.

As for the suspicion concerning the murder of a Palestinian and his disposal in the Gaza envelope area, mainly involving suspect 'R': As mentioned, 'R' is detained until the end of proceedings in the weapons case. The current suspicion against him arose following a video in which he is seen beating a bound Palestinian in his vehicle. Additional circumstantial evidence was added to this video. Forensic tests revealed that the same Palestinian who was beaten in his vehicle was found dead, and his body was not identified.

The Tel Aviv Magistrate's Court ruled in its decision to approve the search and arrest warrants against 'R' and others that 'there is reasonable suspicion of committing a murder in this case, under the sensitive circumstances described to me by the applicant's representative, on the first day of the war. Given those sensitive circumstances, the continuation of the investigation procedures and the fact that the requests before me were brought only months after the end of the investigation of the circumstances of death can be understood.

The prosecution is accompanying the investigation conducted by the Israel Police and will act to make a decision as quickly as possible. The State Attorney's Office views with great severity inflammatory publications that have no basis, aimed against prosecutors who supposedly accompanied the investigation and essentially mark them for harm. These publications are solely intended to intimidate the prosecutors from performing their work professionally and fairly. Any attempt to cast doubt on these prosecutors and generally on the prosecution's work and to link the law enforcement system to attempts to harm the State of Israel will not succeed. The law enforcement system will continue to operate according to the law, without fear and without favoritism."