In a February 2005 interview, he said:
e weren't two blocks from our apartment when an Israeli convoy of two vehicles, a tank and an armored personnel carrier, drove up the street from the direction that we were walking from. And so as we heard them coming closer, we stepped off to the side of the road to let them pass by, which was again, you know, a very, very typical situation for us to encounter the soldiers, even during the curfew, and for them just to pass on by ... And so we stood to the side of the road, we put our hands out to show we didn't have any weapons and weren't, you know, threatening them in any way. And I was wearing a fluorescent vest to, you know, try to make ourselves as visible as possible. And once they drove within about 30 meters of where we were standing, they opened fire with their machine guns and continued shooting for a very long time, probably shooting about, you know, 30 rounds of ammunition, which is quite a lot when you see them in action. And I was struck in the face with one of the bullets and, you know, was knocked to the ground immediately.
According to the Jerusalem Post (9/20/07), Brian and friends were "wearing red reflector vests with the word "doctor" in English and Arabic."
Avery appeared before the Israeli Supreme Court on February 28, 2005 to request a criminal investigation into his shooting. He accused Israeli troops of shooting him without provocation. The court responded by ordering the military to reopen Avery's case. Avery's attorney, Michael Sfard, said that the ruling "shows the military that even internal inquiries should be managed professionally and with care to get testimony from all sides, not just from military," and that it "coerces the military to change its stand on things. This is definitely not usual."
