MIAMI BEACH, Fla. – A man who is accused of shooting two people in Miami Beach because he thought he “saw two Palestinians” appeared in court Tuesday where his attorney claimed he was incompetent to stand trial and should be evaluated.
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Another hearing for Mordechai Brafman, 27, has been set for March 10, at which time prosecutors may pursue a hate crime enhancement to the charges Brafman is already facing.
“The SAO Hate Crimes unit reviews every criminal offense that has the potential of being motivated by hate, to see if Florida’s hate crime enhancement statute is applicable to the specific situation,” a spokesman for the Miami-Dade State Attorney’s Office said in an email to Local 10 News. “The Florida Legislature has taken the approach of creating an enhancement of the underlying criminal charge in such a situation (i.e. a 3rd felony crime charge is enhanced to a 2nd felony crime charge), rather than designating an offense as a specific hate crime. This increases the seriousness of the penalty for a charged crime upon conviction. So technically, there are no hate crimes under Florida law but enhanced hate crimes penalties for such an action.”
Police said the shooting in question occurred around 9:30 p.m. Feb. 15 on Pine Tree Drive, just north of 48th Street.
According to an arrest report, Brafman was seen on surveillance video driving south on Alton Road and then making a U-turn at 48th Street before driving by the victim’s vehicle, which was in the left lane, and stopping directly in front of them in the right lane.
Police said Brafman got out of his car but stayed on the driver’s side and waited for the victims’ car to pass by, firing off 17 shots at the car as it did. They said one of the victims was shot in the shoulder and the other was grazed on the arm.
According to authorities, the shooting was unprovoked and the victims and Brafman did not know each other.
Brafman was taken into custody soon after the shooting when he was located further along the 4800 block of Pine Tree Drive.
In his arrest form, police said that Brafman “spontaneously stated that while he was driving his truck, he saw two Palestinians and shot and killed both.”
The pair, who are a father and son — and who are actually Israelis — spoke to Local 10 News a day after the shooting.
“It was a truck passing next to (us),” Ari Revay said in Hebrew, with his cousin translating. “‘Boom, boom, boom’ and he randomly started shooting.”
Revay added, “He put the window down, driver’s seat and just blasted (us).”
Revay’s father said Brafman tried shooting them from the back of his car.
The bullet “went through right next to (my) ear because (I) was the driver,” he said through his relative.
“God, life is a gift,” Ari Revay said, adding that he’s “happy” and thankful to still be alive.
“I don’t know what he was feeling in that moment,” he added.
Brafman is facing two charges of attempted second-degree murder.
Dustin Tischler, Brafman’s attorney, told Local 10 News in a statement that his client was “experiencing a severe mental health emergency” at the time of the shooting.
“It is believed that his ability to make sound judgments was significantly compromised,” the statement read. “We are fully cooperating with law enforcement officials and acknowledge the seriousness of the allegations. We are also committed to working with medical professionals to ensure Mr. Brafman receives appropriate and necessary treatment. Most importantly, we are deeply relieved that the victims are out of the hospital and recovering.”
There have been scores of both antisemitic and anti-Palestinian hate crimes reported in the U.S. and globally since the Oct. 7, 2023, attack on Israel and subsequent war in Gaza.
According to the latest statistics from the U.S. Department of Justice, which are from 2023, 52.5% of hate crimes in the U.S. are based on race/ethnicity/ancestry and 22.5% are based on religion.
Further statistics on hate crimes in the U.S. can be found by clicking here.