Trial of ex-paramedics charged in Yosif Al-Hasnawi's death will continue into 2021
CBC News | Posted: December 14, 2020 11:38 PM | Last Updated: December 15, 2020
Mustafa Ameer, who attended the mosque with Al-Hasnawi, expected to take the stand on Tuesday
The trial of two former Hamilton paramedics accused of not properly caring for Yosif Al-Hasnawi the night he was shot and died will continue "well into the new year," says Ontario Superior Court Justice Harrison Arrell.
Christopher Marchant, 32, and Steven Snively, 55, are charged with failing to provide the necessaries of life for the 19-year-old. The court has heard that the paramedics thought Al-Hasnawi had been shot with a BB gun at 8:55 p.m. on Dec. 2, 2017. They have pleaded not guilty.
But the teen was actually shot with a .22-calibre gun, and the hollow-point bullet perforated an artery and vein. He was pronounced dead at St. Joseph's Hospital at 9:58 p.m.
Hal Klassen, paramedic deputy chief with the Hamilton Paramedic Service in 2017, was in the witness box for more than four full days as a witness for the Crown. He finished up his testimony midday on Monday, after walking the Hamilton courtroom through paramedic protocols and standards of care.
Part of this included discussion on the use of restraints. Klassen told the court that paramedics need authorization before they restrain a patient, unless the person becomes violent.
Al-Hasnawi, the court heard, was restrained that night.
Firefighter on scene testified Monday
Firefighter Mark Vanspronsen, who was on scene in the area of Sanford Avenue and Main Street East the night Al-Hasnawi was shot, also took the stand on Monday.
Vanspronsen recalled grabbing a defibrillator and walking toward Al-Hasnawi, who was lying on the ground. But the firefighter said he and his colleagues — Mark Stevens and Grant McQueen — were stopped by an officer who raised their hand.
"[The officer] said that it was OK," Vanspronsen said.
The firefighter could hear Al-Hasnawi "moaning" and saw him "holding his tummy area." There was a crowd of four or five people and the officer, he said, who was "literally right beside" the teenager.
Vanspronsen said firefighters need to stay on scene until a higher medical authority releases them. After the officer's gesture, Vanspronsen said the firefighters stepped back. He couldn't hear much anymore, he said.
After the two paramedics arrived, he recalled one with "wispier hair" approaching Al-Hasnawi and pulling up the teen's shirt.
He said the paramedic didn't have any equipment with him during this time. Vanspronsen had said the same thing in an interview with police nine days after Al-Hasnawi's death in 2017.
"He looked at the wound and said that they were good," Vanspronsen said of the paramedic.
Firefighter saw little blood, court hears
From Vanspronsen's vantage point, he could only see a little bit of blood around the navel area. He was the furthest firefighter from Al-Hasnawi, around five or six feet away.
He doesn't remember hearing anything else from bystanders, officers or paramedics that night. He also didn't notice a change in Al-Hasnawi's condition while he was there.
When Vanspronsen left the scene, he remembered seeing the "taller paramedic" getting the stretcher out from the back of the ambulance. Only 11 minutes had gone by from the time the firefighters left their station to the time they returned.
The court has heard that the paramedics were on scene for 23 minutes before they took Al-Hasnawi to the hospital. He died around one hour after he was shot.
Mustafa Ameer, who attended the mosque with Al-Hasnawi and was there the night he was shot, is expected to testify Tuesday morning. In the afternoon, the third firefighter who attended that night, Grant McQueen, is expected to testify.
The court expects to hear from two bystanders on Wednesday. On Thursday, Dr. Elena Bulakhtina, who performed the autopsy, and a manager with the dispatch centre are scheduled to testify.
Sometime next week, the last witness for the Crown, Dr. Richard Verbeek, will testify.
Sometime next week, the last witness for the Crown, Dr. Richard Verbeek, will testify.
The court will break for Christmas. The trial began Nov. 24 and is taking place at John Sopinka Courthouse in Hamilton and will be decided by judge alone.
The Crown attorneys are Scott Patterson and Linda Shin.
Jeffrey Manishen of Hamilton represents Marchant and Michael DelGobbo of St. Catharines represents Snively.
The person who shot Al-Hasnawi, Dale King, was acquitted last year of second-degree murder. That case is being appealed.