A Superior Court judge will not deliver his sentence for two former Hamilton paramedics convicted of Yosif Al-Hasnawi’s death until the new year.
Steven Snively and Christopher Marchant were found guilty of failing to provide for Al-Hasnawi’s life when they responded to the scene of a shooting near the Al-Mustafa Islamic Center in downtown Hamilton on December 2, 2017.
The 19-year-old was shot while coming to the aid of an older man who was being approached by two younger men, one of whom was found not guilty of second-degree murder in 2019, although the Crown is appealing that verdict.
In June, Judge Harrison Arrell delivered his guilty verdict on Snively and Marchant, who were tried by only one judge in a trial that lasted for several weeks in late 2020 and early 2021.
Arrell found that the paramedics displayed a “deviation” from the standards of care and did not follow through on his training, delaying getting him to the hospital and not taking him to the local trauma center that would have had a better chance of saving his life.
Crown seeks 2.5-year sentence for Hamilton paramedics convicted of Yosif Al-Hasnawi’s death
On Tuesday, the second day of a two-day sentencing hearing for the couple, the court set a sentencing date for January 18, 2022.
A day earlier, the court heard that the Crown is seeking a two-and-a-half-year prison sentence for Snively and Marchant.
Defense attorneys Michael DelGobbo and Jeff Manishen are asking for a six- to nine-month suspended sentence for Snively and Marchant, plus a period of probation and 100 hours of community service.
Crown attorney Linda Shin argued Monday that paramedics “robbed Yosif of his only chance of survival and caused his death” by not following his training, suggesting that Judge Arrell should consider homicide an aggravating factor in your sentence.
Snively and Marchant were not charged with involuntary manslaughter and that was not a factor considered during the multi-week trial, but the Penal Code allows crimes not charged to be considered in specific circumstances.
Hamilton man ‘not guilty’ of Yosif Al-Hasnawi’s death
Manishen argued against that suggestion Tuesday, saying it would be “problematic” and “fundamentally unfair” to consider homicide at sentencing if it were not a component of the trial and conviction.
He added that Marchant and Snively honestly believed that Al-Hasnawi’s injury was caused by a compressed air pistol and that it was not as serious as it turned out, and that the “dark and chaotic scene” may have impeded his judgment.
Both Manishen and DelGobbo also argued that what happened the night Al-Hasnawi died was an anomaly in their respectable careers as paramedics and that their actions should not result in their being sentenced to prison.
The defense said both paramedics have suffered significant financial costs and are dealing with the repercussions of media coverage of the trial, which will affect their future employment opportunities.
Two Ontario paramedics charged in the Good Samaritan’s death
© 2021 Global News, a division of Corus Entertainment Inc.