Sentencing hearing begins for former Hamilton paramedics convicted in death of Yosif Al-Hasnawi
The sentencing hearing for two former Hamilton paramedics convicted of failing to properly care for Yosif Al-Hasnawi as he died from a gunshot wound began Monday.
Steve Snively and Christopher Marchant were convicted in June of failing to provide the necessaries of life.
Al-Hasnawi died about an hour after being shot on Sanford Avenue South on the night of Dec. 2, 2017. Snively and Marchant wrongly believed he had been shot with a BB gun and spent 23 minutes on scene before taking him to hospital.
It is a precedent-setting case - the first time paramedics have been charged and convicted of such an offence for their on-duty treatment.
In June, Superior Court Justice Harrison Arrell found Snively and Marchant deprived Yosif of his only possible chance of survival."
Al-Hasnawi was with his dad and brothers at the Al-Mustafa Islamic Centre on Main Street East, near Wentworth Street South, that night. He had stepped outside with friends and one of his brothers to get some air when the group saw two young men across the street harassing an older man, who was shuffling down the street after leaving a nearby bar.
Al-Hasnawi called out for them to leave the man alone, but the young men - James Matheson and Dale King - crossed the street to confront Al-Hasnawi. Matheson sucker punched Al-Hasnawi and King flashed a gun. They ran off laughing and Al-Hasnawi followed. That's when King turned and fired a single shot from his .22 magnum derringer.
In 2019, King was found not guilty of second-degree murder after arguing self-defence. Al-Hasnawi was not armed, but King said he thought his Matheson was about to be hurt. The Crown is appealing that verdict.
Witnesses on scene thought the sound of the gunshot and look of the small wound on Al-Hasnawi's abdomen meant it was a BB gun. Arrell found the paramedics falsely went along with rumour and innuendo" and made a conscious decision" to ignore their training.
He found they made multiple serious errors, including not following procedure for penetrating wounds, doing inappropriate lifts to get Al-Hasnawi onto the stretcher and delaying leaving the scene. Al-Hasnawi was taken to St. Joseph's Hospital, which has a psychiatric emergency department, instead of Hamilton General Hospital, the lead trauma hospital.
In court Monday morning, Arrell first heard arguments about the defence wanting portions of victim and community impact statements redacted.
More to come.
Nicole O'Reilly is a Hamilton-based reporter covering crime and justice for The Spectator. Reach her via email: noreilly@thespec.com