'Act of uncontrollable rage' led to the death of Yellowknife taxi driver, court hears

"An act of uncontrollable rage" led to the death of Yellowknife taxi driver Ahmed Mahamud Ali, Crown prosecutor Jill Andrews told Supreme Court Justice Andrew Mahar in Yellowknife Monday. 

She spoke as part of the sentencing hearing for Elias Schiller, 19, who has been convicted of manslaughter in the death of Ali in 2018, and his father James Schiller, 50, who has been convicted of accessory to aggravated assault. Both men had previously pleaded guilty to the charges.

Reading from an agreed statement of facts, Andrews described what happened the night Ali was found dead. 

On Nov. 19, 2018, Ali picked up Elias Schiller at 3:21 a.m. at the Fraser Arms apartment in Yellowknife and drove him to his home on Wilkinson Crescent. Ali pulled into the driveway and the two had an argument. Ali shoved Elias Schiller, then exited the taxi and ran. Elias Schiller chased Ali, caught up with him in the cul-de-sac, assaulted him, and left him in the snow. 

Elias Schiller told the author of a pre-sentencing report that Ali had asked him to pre-pay his fare. 

I forgive both of them.- Nur Ali in victim impact statement

For twenty-five minutes, Elias Schiller went back and forth between Ali and the home where his father, James Schiller, was awake. Eventually the pair decided to move Ali to the hospital. Elias Schiller moved him into the back of the taxi, while his father drove the car and left it with Ali in the backseat at the hospital at 4:07 a.m. the same morning, with the heat on. 

Hospital staff later found Ali at 4:47 a.m. with the help of another City Cab driver, states the agreed statement of facts. He was already dead. 

The Crown noted that during his arrest at 10 a.m. the next day, Elias Schiller appeared "visibly shocked" to learn that Ali had died. In a statement to RCMP, the younger Schiller said he had not meant to kill him, and did not know he had died. After making that statement, Elias Schiller wrote to Ali's family to apologize and express remorse. 

James Schiller, according to the agreed statement of facts read by Crown prosecutor Jeannie Scott, also believed Ali was alive when he drove him to the hospital. But once he arrived, James Schiller did not go in to tell staff what had happened. Instead, he walked home, stopping at a payphone on the way — not using the cellphone he had with him — to call the hospital and, in a disguised and quiet voice, told them about Ali. 

James Schiller, the court heard, went home and shovelled snow from his yard into the cul-de-sac to hide Ali's blood, though some was still visible when police arrived later at 9:10 a.m. When questioned by police, James Schiller said he'd heard nothing in the night and that his son had been at home all night. 

'Islam teaches us to forgive'

About a dozen friends, family members and colleagues packed the courtroom as fourteen victim impact statements were read aloud on Monday. 

Ali was described as a "pillar of the community" who attended mosque regularly and had served as a guide to many.

Several also described how Ali had supported a group of children in Somalia who were orphaned by that country's civil war. Those children had a bright future, said Mohamed Omar, a cousin of Ali's, who had travelled from Toronto to be present at court.

"It is not so bright now,"  he said.

Omar noted that Ali had fled Somalia to find a better life in Canada and was part of a rich Somali-Canadian community where people cared for one another. Omar said Ali's death had "created a distance between us, and our feeling of belonging here."

Nur Ali said the deceased Ali was like an older brother to him. He also said that "Islam teaches us to forgive," and gesturing at the two convicted men through tears, said "I forgive both of them."

Crown seeks 6 years for 'brutal' crime

Crown prosecutors are seeking a six-year sentence for Elias Schiller, who was 18 at the time of the offence and is now just shy of his twentieth birthday.

Andrews cited several aggravating factors, including the fact Ali was in a vulnerable position as a cab driver and the "brutal nature" of the crime. She cited the offender's youth, his lack of a criminal record, his remorse and his willingness to plead guilty as mitigating factors.

Defence lawyer Lance McClean argued for a four-year sentence. 

"Nobody is their worst action," said McClean, who noted the assault was out of character for his client, who has no criminal record. He said that Elias Schiller was intoxicated at the time of the assault, something he characterized as "explanatory" rather than an excuse. 

He told the court that Elias Schiller has shown remorse, from the moment he went into panic mode to the confession and apology he gave to police shortly after his arrest. He also said Elias Schiller "has grown up" while in custody, working in the kitchen, taking GED courses and losing weight.  

A joint submission from the Crown and defence asks that James Schiller be given six months in custody — time that he has already served. The Crown noted that Schiller is convicted of committing crimes against the administration of justice, and stated "he should have known better. He should have been the responsible adult."

James Schiller's lawyer, Tracy Bock, said the single father has also shown remorse and wants to put the case behind him. 

Supreme Court Justice Mahar is expected to hand down his decision Tuesday morning.