Whether the man accused of throwing Molotov cocktails at demonstrators in Boulder was motivated by the victims’ political views or by their perceived national origin took center stage in federal court Wednesday as prosecutors pursued a hate-crime charge in the attack on the Pearl Street Mall.
Magistrate Judge Kathryn Starnella found enough evidence to allow the federal hate-crime case to continue against Mohamed Sabry Soliman, 45, after a roughly two-hour preliminary hearing in U.S. District Court for the District of Colorado.
Soliman is accused of burning demonstrators on the Pearl Street Mall in an unprovoked attack that injured 15 people and a dog.
Federal prosecutors pursued the hate-crime charge under the theory that Soliman targeted his victims because of their actual or perceived national origin — that is, that his victims were Israeli or that he believed they were Israeli.
Soliman’s defense attorneys sought to show that Soliman considered his named target, “Zionists,” to be people who hold particular political views, and that those political views are not tied specifically to Israeli nationality, but, rather, are held by people of varying nations.
“The big debate is whether Mr. Soliman was motivated by the protesters’ national origin,” Starnella said as she issued her ruling. “One could construe the evidence and arguments presented by the government today as that Mr. Soliman was motivated by hatred of those who support the creation and maintenance of the Israeli state. So therefore, one could argue that by virtue of having animosity for people who support the existence of the Israeli state, that then brings this matter under the element of national origin.”
Ultimately, a jury will have to decide the “hotly contested” issue, she said.
Soliman, an Egyptian immigrant who officials say was living in the U.S. illegally, is accused of shouting “Free Palestine” and throwing Molotov cocktails at people who had gathered on the popular pedestrian mall on June 1 for a weekly demonstration urging the release of Israeli hostages being held by Hamas in Gaza.
He told police he wanted “to kill all Zionist people,” but also said his attack had nothing to do with Jewish people or the Jewish community, FBI special agent Timothy Chan testified Wednesday. Soliman emphasized that not all Jewish people were Zionists, and not all Jews were “his enemy,” federal prosecutor Melissa Hindman said.
Soliman told investigators that he considered Zionists to be anyone who supported Israel’s existence on Palestinian land. He noted that Zionists can belong to varying faiths, Chan testified.
“He defines Zionism according to political opinion, not national origin or ancestry,” said defense attorney David Kraut. “…He never used any terminology or definition that suggests he defines Zionism according to national origin. Every time he was asked and the agent was asked, it became very clear his definition hinges on political views.”
Soliman wrote the numbers “1187” in marker on the T-shirt he wore during the attack, Chan testified, an apparent reference to a historical battle in the year 1187 in which the city of Jerusalem changed hands from Christian to Muslim control, Chan testified. Soliman said he considered Zionism to be the enemy “until Jerusalem is liberated and they are expelled from our land,” Hindman said.
“In all of his words, what he is showing is that he is targeting Israelis,” Hindman said. “And he is targeting anyone who supports the existence of Israel on that land.”
She pointed out that on the day of the attack, Soliman identified the demonstrators he wanted to target — after previously finding the group online — because they were waving Israeli and American flags.
Soliman faces 118 criminal charges in state court, including dozens of counts of attempted first-degree murder and assault, in addition to the single federal hate-crime count.
He sat handcuffed and shackled with other federal prisoners in court Wednesday. His right hand and arm were wrapped in a thick white bandage that covered his fingers and extended halfway to his elbow. He sat back in his chair, at times fidgeting, and smiled several times during his appearance.
Soliman planned the attack for more than a year and initially sought to carry out a mass shooting against the group, law enforcement officials said. When his gun purchase was blocked by a background check, he instead armed himself with Molotov cocktails and a makeshift flamethrower made from a weed sprayer.
He dressed as a gardener and attacked the demonstrators as they paused at the historic Boulder County Courthouse. All 15 of the injured victims were expected to survive, Boulder officials have said. They range in age from 25 to 88, and include eight women and seven men. The most severely injured victim suffered burns to 60% of their body, Chan testified.
Federal immigration authorities detained Soliman’s wife and children after the attack with the goal of quickly deporting the family. A judge in Colorado initially delayed that deportation, and a judge in Texas — where the family is being held — on Wednesday ruled the pause should continue.
When the family was detained, Homeland Security Secretary Kristi Noem said authorities were investigating whether they knew about Soliman’s plans. Chan testified on cross-examination Wednesday that Soliman’s wife and oldest daughter said his alleged actions were “totally out of character” and that he “never hated Jewish people.”
“They had no inkling he was planning to do this?” Kraut asked.
“That is correct,” Chan answered.
Hayam El Gamal, Soliman’s wife, said in a statement provided by her attorney Wednesday that she and her children were “shocked” by Soliman’s actions and that they were cooperating with authorities.
She said she and her children, who include two 4-year-old twins, a 7-year-old, a 15-year-old and an 18-year-old, should not be punished for her husband’s alleged crimes.
“We are grieving, and we are suffering. We are treated like animals by the officers, who told us we are being punished for what my husband is accused of doing,” El Gamal said in the statement. “But why punish me? Why punish my 4-year-old children? Why punish any of us, who did nothing wrong?”
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