Two paramedics convicted of the death of Hamilton teenager Yosif Al-Hasnawi
A judge in the Ontario High Court ruled that two Hamilton paramedics who treated the dying teenager Yosif Al-Hasnawi in 2017 were guilty of failing to provide necessities.
Neither Steven Snively, 55, nor Christopher Marchant, 32, pleaded guilty.
Justice Harrison Arrell said in his decision on Tuesday: “It is an understatement to say that this is a tragic case.”
The 19-year-old boy’s father, Majed Al-Hasnawi, reacted to this discovery. He said: “I think it’s very fair. They are guilty. I’m not worried about whether they will go to jail for 10 years or just one year. Years. I don’t care about that. I’m very happy.”
Yosif was shot in the abdomen in the lower town of Hamilton on the night of December 2, 2017.
The court heard the opinions of Snively and Marchant and believed that the teenager was shot by a BB gun or a projectile gun. In fact, Al-Hasnawi was shot by a 0.22 caliber pistol. The hollow bullet penetrated arteries and veins.
The court learned that it took 23 minutes for the medical staff to leave the Main and Sanford scenes that night. The teenager was shot dead at 8:55 p.m. Eastern Time, and was pronounced dead at St. Joseph’s Hospital about an hour later.
Union leaders say appeals are possible
The court has arranged a two-day sentencing hearing on October 25 and 26. The sentence for conviction shall not exceed five years.
Mario Posteraro, president of OPSEU Local 256, representing Hamilton nursing staff, said that legal counsel will review the decision.
He said that the defendant was “obviously looking for a different result” and that an appeal was “always possible”.
“This is a sad and tragic incident. There is no verdict and no result to change the incident against the Hasnawi family on December 2, so we really feel sorry for them,” Posteraro said.
“Our mission is to make multiple key decisions quickly and simultaneously under very difficult circumstances. We support our paramedics and their work in Hamilton.”
he Say These allegations will have a serious impact on the field.
“These precedent criminal charges have changed the rules of the game for our nursing profession,” he said in 2018.
According to one of the lawyers, Snively and Marchant were both released before the verdict.
The medical staff listened to the “rumors” and the judge said
In his decision, Arrell said that paramedics were told that a penetrating wound on a person’s abdomen was to immediately “load and go” to the lead trauma hospital, but they did not follow the training and procedures.
On the contrary, they “heard rumors and innuendo” at the scene, saying that the wound was superficial and could not be serious, “therefore depriving Yosif of the only possible chance of survival,” the judge said.
Arrell said that Snively and Marchant’s actions that night “significantly deviated” from the minimum standards of properly trained caregivers.
He pointed out three problems:
- Failure to correctly identify the wound is penetrating.
- They took part in a dangerous elevator to remove him from the sidewalk.
- Delays in leaving the scene.
Arrell said: “I came to the conclusion that these various failures of the defendants were not simple negligence, carelessness or simple errors of judgment, but a conscious decision to ignore their training and standards.”
“I also concluded that due to these various failures of the defendants, objectively and reasonably foreseeable, they are risking Yosif’s life and permanently endangering his health.”
Firas Al Najim, his family, friends and human rights activist, said that they are happy to see “justice being served.”
“Hopefully there will be no cases in the future. Nursing staff will know not to deal with such patients,” he said.
The defense argued that the error was not a crime
Arrell presided over a separate judge trial starting in November 2020.
Royal lawyers Scott Patterson and Linda argued that the paramedics ignored their training and deviated from provincial standards. In the final debate, they called the medical services provided by the couple “seriously negligent.”
However, the defense claimed that the unconscious prejudice of the nursing staff that night caused them to go astray when treating Al-Hasnawi.
They also said that although some behaviors of medical staff may be wrong, this does not necessarily mean that they are criminally responsible.
Both defendants testified on their behalf and stated that they believed Al-Hasnawi was experiencing mental illness.
Jeffrey Manishen of Hamilton represents Marchant, and Michael DelGobbo of St. Catharines represents Snively.
Other witnesses who testified included medical experts, dispatchers and first responders — firefighters and police — as well as bystanders, including Al-Hasnawi’s family who were present that night.
Arrell said that life was “strangled” that night and the teenager tried to be a “kind Samaritan.”
On December 2, Al-Hasnawi was with one of his brothers and others outside the Main Street E. Mosque.
The shooting happened when he saw two people strike up a conversation with an older man, and he intervened.
Last year, Dale King, who shot Al-Hasnawi, was acquitted of second-degree murder.That decision Appealing.