FILE - The flag of Israel tops a makeshift memorial for victims of an attack outside of the Boulder County, Colo., courthouse as a light rain falls, June 3, 2025, in Boulder, Colo. (AP Photo/David Zalubowski, File)

DENVER (AP) — A judge ruled Tuesday that Colorado prosecutors can move ahead with their case against a man accused of killing one person and injuring a dozen more in a firebomb attack on demonstrators showing support for Israeli hostages in Gaza.

A police detective had been set to testify at a hearing explaining the evidence gathered against Mohamed Sabry Soliman in the June 1 attack on the weekly event in Boulder. But Soliman's lawyer, Kathryn Herold, told Judge Nancy W. Salomone that he gave up his right to hear the evidence.

Soliman, wearing an orange and white striped jail uniform, told Salomone that he understood he was waiving his right to a hearing following a discussion with his lawyers Monday.

Despite that, prosecutors and victims who sat across the courtroom from Soliman or watched the hearing online were caught off guard by the decision.

Salomone said the case would now move ahead to an arraignment and scheduled a Sept. 9 hearing for Soliman to enter a plea to murder, attempted murder and other charges over the defense's objection.

Herold said Soliman would not be ready to enter a plea then because of the large amount of evidence in the case and the murder charges recently added against him following the death of Karen Diamond, an 82-year-old woman injured in the attack. Herold said she expected to ask for the arraignment hearing to be delayed and suggested that a plea deal was possible.

20th Judicial District Attorney Michael Dougherty objected to a delay, saying any discussions could happen before and after an arraignment. He declined to comment on the possibility of a deal after the hearing.

Investigators say Soliman told them he intended to kill the roughly 20 participants at the weekly event on Boulder’s Pearl Street pedestrian mall. But he threw just two of more than two dozen Molotov cocktails he had with him while yelling, “Free Palestine!" Police said he told them he got scared because he had never hurt anyone before.

Federal authorities say Soliman, an Egyptian national, had been living in the U.S. illegally with his family at the time.

Soliman has pleaded not guilty to federal hate crime charges and is scheduled to go on trial in federal court in Denver in September. However, his lawyers told U.S. District Judge John L. Kane last week that they expect to ask for a delay.

Additional charges related to Diamond's death could also slow down the federal proceedings. Assistant U.S. Attorney Laura Cramer-Babycz told Kane that prosecutors have not decided yet whether to file additional charges against Soliman.

Federal prosecutors allege the victims were targeted because of their perceived or actual connection to Israel. But Soliman's federal defense lawyers say he should not have been charged with hate crimes because the evidence shows he was motivated by opposition to Zionism, the political movement to establish and sustain a Jewish state in Israel.

An attack motivated by someone’s political views is not considered a hate crime under federal law.

State prosecutors have identified 29 victims in the attack. Thirteen of them were physically injured, and the others were nearby and are considered victims because they could have been hurt. A dog was also injured in the attack, so Soliman has also been charged with animal cruelty.

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