Yosif Al-Hasnawi asked 'Is this how I'm going to die?' witness says at trial of paramedics
Christine Rankin | CBC News | Posted: December 15, 2020 1:49 PM | Last Updated: December 15, 2020
Al-Hasnawi chased 2 men after one showed a gun, and the other punched him
Mustafa Ameer, testifying inside an Ontario Superior Court in Hamilton on Tuesday, said that he saw the exact moment when Yosif Al-Hasnawi was shot, a gunshot wound that would, not long after, lead to the teenager's death.
He remembered seeing a man extend his arm toward Al-Hasnawi, whom he had known for years, and hearing a loud bang.
Ameer testified at the trial of two former Hamilton paramedics, Christopher Marchant, 32, and Steven Snively, 55, who have been charged with failing to provide the necessaries of life in relation to their treatment of 19-year-old Al-Hasnawi on Dec. 2, 2017.
Ameer said he thought Al-Hasnawi was going to fall, so he ran up and helped him to the ground. Ameer said he heard him say something like, "'is this how I'm going to die?'"
About an hour later, at St. Joseph's Hospital at 9:58 p.m., Al-Hasnawi was pronounced dead.
The court has heard that the paramedics, who have pleaded not guilty, thought Al-Hasnawi had been shot with a BB gun around 8:55 p.m. that night. In reality, he was shot with a .22-calibre handgun, and the hollow-point bullet perforated an artery and vein.
The person who shot Al-Hasnawi, Dale King, was acquitted last year of second-degree murder. That case is being appealed.
Ameer was 15-years-old back then and attended the same mosque as Al-Hasnawi, the Al Moustafa Islamic Centre in. Hamilton.
'Don't mess with us, we have a gun'
He was standing outside that night with his twin brother Haider, and Al-Hasnawi and his younger brother, Ahmed. They saw two people walking and yelling at an older man across the street.
Ameer said he couldn't hear exactly what they were saying, but Al-Hasnawi, who was the oldest in the group, tried to help.
"He yelled over and told the two guys to leave him. To leave the old man alone," he said.
The two men crossed the street and approached the group. Ameer remembered the one with darker hair saying, "don't mess with us, we have a gun." He said the man lifted what he was wearing to show a silver gun at his waistband.
The other one "sucker-punched" Al-Hasnawi from behind in the back of the head, and the two ran off.
"Yosif staggered a bit," Ameer said, "and then he chased after them."
Jeffrey Manishen, who represents Marchant, asked if Al-Hasnawi was able to see the gun when it was flashed. Ameer said he did, and also confirmed that Al-Hasnawi told the man that he wasn't afraid it.
"You've never seen anything like that by Yosif?" Manishen said.
"I've never seen anything like that in general," Ameer said.
'He was shot with a gun,' witness tells officer
He remembers turning to Al-Hasnawi's younger brother and saying they had to go after him. It was during that chase in the area of Sanford Avenue and Main Street East that "the guy turned around and shot him."
Ameer stayed with Al-Hasnawi while the younger brother went to call the police and warn the adults at the mosque. He remembered seeing a small circle of blood on his stomach.
"I take it at that point you were pretty scared?" asked Crown Scott Patterson.
"Ya. I was worried," Ameer said.
Black-and-white footage was played for the court, which at one point showed a police officer stepping aside with Ameer. Ameer said he told the officer "the whole story."
"I told him he was shot with a gun," he said. But the crowd of bystanders that gathered were saying "BB gun" and "firework," Ameer said.
Ameer told the court that he thought the officer believed them, and in turn told the paramedics this information.
'Nominated for an Oscar'
Once the paramedics arrived, they "weren't taking anything seriously," said Ameer.
"They took a while to escort him to the hospital. They just didn't believe he was in a serious condition," he said. He also didn't remember them using any equipment to check Al-Hasnawi.
He remembered a taller paramedic with blond hair sarcastically saying, of Al-Hasnawi, "this guy should get nominated for an Oscar."
When asked if an officer could have made the comment, he said no.
"100 per cent he said that," Ameer said.
Ameer doesn't have a clear recollection of how Al-Hasnawi got onto the stretcher, but remembers first responders — either both paramedics, or only one with an officer —"dragging" him.
An older paramedic asked him if Al-Hasnawi took any drugs, was under the influence, and if he smoked. Ameer remembers saying no.
The incident report filed by Snively records a conversation with a friend. Snively wrote that the friend replied that such things were against their religion. He also wrote that the friend said the weapon was a BB gun, but Ameer doesn't remember a question about the weapon being asked of him.
Ameer said in a statement taken by Const. Michael Zezella with the Hamilton Police Service that the weapon was a gun, it was silver, and it made a "loud bang."
It's a landmark case where two emergency responders face criminal charges for how they treated a patient at a scene.
A firefighter who attended that night and two more bystanders are expected to testify on Wednesday.
On Thursday, Dr. Elena Bulakhtina, who performed the autopsy, and a manager with the dispatch centre are scheduled to testify.
The superior court trial is expected to take five weeks at Hamilton's John Sopinka Courthouse. The trial began on Nov. 24 and will break for Christmas.
Justice Harrison Arrell alone will render a verdict. The Crown attorneys are Scott Patterson and Linda Shin. Jeffrey Manishen of Hamilton represents Marchant and Michael DelGobbo of St. Catharines represents Snively.