A judge decided Wednesday enough evidence exists to move forward with a federal hate crime trial against Mohammed Soliman, who is accused of throwing Molotov cocktails at a group of peaceful protesters, injuring 15 people and a dog in Boulder earlier this month. 

In a full courtroom, the defendant sat emotionless at his federal preliminary hearing on Wednesday morning, during which Judge Kathryn Starnella decided there is probable cause to proceed with the case.

The decision came after about two hours of debate between the prosecution, on behalf of the United States of America, and the defense over whether Soliman’s crime targeted a group of people based on the “national origin” category in order to qualify as a hate crime.

Federal prosecutors claimed that Soliman committed a hate crime based on his perception of national origin, while the defense claimed that there is no evidence the defendant identified victims based on them being from Israel.

The attack happened on the afternoon of June 1, when Soliman allegedly threw Molotov cocktails into a group participating in a protest organized by Run for their Lives, which presses for the release of Israeli hostages still held by Hamas.

Soliman had been planning the attack for the past year and waited for his eldest daughter to graduate from high school first, according to his arrest affidavit.  

To find Run for their Lives, he searched for Zionist groups online, he told a detective who interviewed him at the hospital after the attack, and he found the group that met weekly on Sundays in Boulder, the affidavit said.

On the morning of the attack, he bought materials to make Molotov cocktails, which he learned how to make by watching a YouTube video, and arrived on Pearl Street Mall dressed as a gardener to get close to the victims. He covered himself in gas because he “planned to die,” the affidavit said.

He then allegedly threw two Molotov cocktails into the crowd, while yelling, “Free Palestine,” witnesses told police. The firebombs ignited in the crowd, officials said.

A federal prosecutor earlier said, citing an interview with Soliman, that he “wanted them all to die, had no regrets and would do it all again.”

Prosecutors from the U.S. Attorneys office charged Soliman with a federal hate crime, which carries a possible sentence of 10 years in prison and a $250,000 fine. His next federal court appearance is set for June 27.

He also faces 118 charges, which included attempted first-degree murder, from the 20th Judicial District Attorney’s Office in a related state case. His next court date in that case is set for July 15.

Prosecutors on Wednesday argued that Soliman’s actions qualify as a hate crime because he was projecting his hatred for Zionists onto a group of people visibly associated with Israel, as shown by Israeli flags and Israeli origin listed on signs at the event.

“He saw Israeli flags, he saw a child in a wheelchair with a Yarmulke and Israeli flag … and he lit the wick and threw the bomb, and projected upon them his hatred for Zionists,” a prosecutor said Wednesday.

The defense, meanwhile, argued that Soliman was very clear in his hatred toward “Zionists” as a group of people with certain political beliefs, which is not a protected group for the definition of a hate crime. In his interviews with police and FBI officers, Soliman said he had no problem with the Jewish people and never referenced targeting people from Israel, but rather people with certain political beliefs, the defense said. 

“What really matters is did Mr. Soliman define Zionism as a national origin in his mind?” his defense attorney said. “The evidence in the hearing clearly answers ‘no.’ His definition hinges on political views. He did not do a search for Israeli events, he did a search for Zionist events.”

FBI Special Agent Timothy Chan, called as a witness, responded to the incident to help Boulder Police Department, he testified.

Chan, who has been with the FBI since 2019 and is a case agent in the Soliman case, interviewed Soliman at the hospital and at the jail after the incident.

Chan confirmed that the protester group had posters with the faces of hostages and their national origin listed as “Israel,” as well as Israeli flags and American flags. Chan also confirmed that Soliman told him he did not hate Jewish people, but hated “Zionists,” which he defined to Chan as people who “support Israel’s occupation of my land.” He clarified to Chan that “my land” meant Palestine.

Soliman also told Chan that he had worked for Jewish people before and had given Jewish people rides with rideshare company Uber.

Investigators found handwritten documents in Soliman’s car at the crime scene that stated the year 1187 as a year of significance in Soliman’s attack, Chan testified. The documents stated that 1187 was the year Israel was liberated.

Chan added that Soliman was wearing a shirt during the attack on which “1187” was written with a black marker.

Prosecutors also said Wednesday that Soliman’s acts met other elements needed for a hate crime charge, including causing bodily injury, attempting to cause it with planning and preparation, attempting to kill people, and engaging in inter-state and foreign commerce.

The latter of the points prosecutors said was supported by his usage of the internet to search for the protester group and his purchase of materials made outside of Colorado to make the Molotov cocktails.

Starnella decided after about two hours of testimony from both sides and about 15 minutes to debate outside the courtroom that enough probable cause exists to move forward with the case.