On 11/03/2011 five members of the Fogel family, the two parents and three young children, were murdered in Itamar. These heinous murders were carried out by Hakim and Amjad Awad from the village of Awarta. Hakim and Amjad confessed to the murders and were convicted of carrying out the murderous attack as well as a number of additional offenses including weapons trafficking, obstruction of justice and conspiracy to murder, concerning the planning of another murderous attack, similar to the attack in Itamar, against Elon Moreh.
Hakim and Amjad Awad confessed to the crime at the beginning of the investigation opened against them, and subsequently were convicted by the military court on the basis of the evidence presented against them. After conviction the military court sentenced Hakim Awad to five consecutive life sentences and another five years in prison for the murder of five members of the Fogel family and the other security offences committed and Amjad Awad was sentenced to five consecutive life sentences and another seven years imprisonment.
A number of additional collaborators to the murders were brought to justice in relation to the assistance they provided to the murderers, both prior to and after the murderous attack, as detailed below:
Mohammad Awad admitted as part of a plea bargain to charges of weapons trafficking and conspiracy to fire a weapon and, in accordance with the facts, accessory to murder and failing to prevent the crime. According to the indictment, the defendant was the confidant of the murderers and was the only person who knew their plans to commit murder in Itamar. The defendant met the murderers in order to discuss the possibility of providing them with a weapon for the attack and therefore the defendant was privy to the murderers’ plans in detail, including the nature of the attack and what weapons were to be used. The defendant subsequently tried to obtain weapons for the murderers and did nothing to prevent the murderous attack.
Based on the defendant’s confession, in accordance with the plea bargain, the military court in Samaria convicted the defendant of the crime of failing to prevent the murder, as well as other offenses, but acquitted the defendant of accessory to murder. The court sentenced the defendant to five years imprisonment, a fine and a suspended prison sentence. Both the verdict and the sentence were appealed by the prosecution.
Salah Awad admitted and was convicted, as part of a plea bargain, of accessory to murder, by providing assistance after the murder. The defendant put his house at the disposal of the murderers on the night of the murder, after they had confessed to the murder of the Fogel family. The defendant then provided the murderers with a change of clothes and took away from them the murder weapons and the weapons stolen from houses in Itamar. Additionally, the defendant was convicted of trafficking weapons, by transferring the weapons relating to the murder, as well as additional military equipment present in Awarta, to Ramallah in order to hide them from the security forces. The defendant was also convicted of the crime of harboring a fugitive, as after the arrest of Hakim the defendant attended a meeting where Amjad Awad and Yazed Awad were present in which Amjad was briefed about his anticipated interrogation by security officials and where the defendant and Yazed Awad promised to provide assistance to Amjad if he became wanted by the security forces.
The military court affirmed the plea bargain agreement agreed between the defendant and the prosecution and imposed on the defendant a seven year prison sentence and a suspended prison sentence.
Hassan Awad was convicted, as part of a plea bargain, of the offense of unlawful association and accessory to murder by providing assistance after the murder. The defendant, together with Salah Awad, provided shelter for the murderers at the house of Salah Awad as soon as the murderers returned to the village of Awarta after carrying out the murders in Itamar. The defendant, together with Salah Awad, provided a change of clothes and took from them the murder weapons as well as weapons stolen in Itamar. The defendant was sentenced to 23 months imprisonment, a fine and a suspended prison sentence.
Yazed Awad was convicted of the offense of harboring a fugitive. The defendant met the murderers at the end of March and confessed to them that he was aware that they had carried out the murders in Itamar as he had been present at the house of Salah Awad on the night of the murder when the murderers had confessed to the crime. Additionally, the murder weapons and stolen weapons from Itamar were handed over to the defendant to be concealed.
The defendant was also convicted of meeting with the two murderers where he briefed them about the investigation methods of the Israeli interrogators and outlined to them the methods of investigation. At the meeting the defendant also reassured the murderers that the weapons were in a safe place and that he would bring the weapons to the murderers when requested to do so. The defendant was also found guilty of meeting Amjad Awad an additional time in Nablus, after the arrest of Hakim Awad, to expound his explanation about Israeli investigation methods.
In addition to the above offenses, the defendant was also convicted of the offenses of obstruction of justice and possession of weapons, due to his control over the murder weapons and weapons stolen from Itamar.
For all the above offenses the defendant was sentenced to four years imprisonment, a fine of 7,000₪ and a suspended prison sentence.