Calgary jury resumes its deliberations in gas and dash murder trial

By , on May 5, 2017


A Calgary jury determining the fate of a man charged in the hit-and-run death of a gas station worker will continue its deliberations for a second day. (Photo: Thank you for visiting my page/Flickr)
A Calgary jury determining the fate of a man charged in the hit-and-run death of a gas station worker will continue its deliberations for a second day. (Photo: Thank you for visiting my page/Flickr)

CALGARY — A Calgary jury determining the fate of a man charged in the hit-and-run death of a gas station worker will continue its deliberations for a second day.

Joshua Cody Mitchell, 22, is charged with second-degree murder in the 2015 death of gas station attendant Maryam Rashidi.

She tried to stop a driver from leaving a Centex station in Calgary without paying for $113 in fuel.

She climbed onto the hood of the stolen truck before it swerved, which caused her to fall off and be run over.

The Crown said it is clear that Mitchell is guilty of second-degree murder and he should have known his actions would lead to her death and that he was only trying to save his own skin.

“Once she could hold on no longer and fell forward in front of the truck he drove over her and made good his escape,” Crown prosecutor Jonathan Hak said in his closing arguments.

“He was going to get away over her dead body. He had a murderous intent because the only way he could get past her was to go through her.”

Defence lawyer Kim Ross admitted his client is responsible for Rashidi’s death but said he did not intend to kill her, so he should only be found guilty of manslaughter.

“The issue here is intent and did Mr. Mitchell intend to cause the death of Ms. Rashidi,” Ross said.

“Mr. Mitchell did not intend to cause the death of Ms. Rashidi nor did he intend to cause her bodily harm that he knew was likely to cause her death.”