Gas Stations Gas and Dash Incident

[calgaryblood]

Was he charged for being in a stolen vehicle as well? Hopefully that adds a few months to his short sentence.

Pylon has it right. The way we treat criminals in this country is a joke.

[troutman]

https://www.canlii.org/en/ab/abqb/do...12abqb151.html

The Court of Appeal created three categories of moral culpability for manslaughter: the lowest category, where there is a risk of bodily injury; the middle category, where there is a risk of serious bodily injury, and the highest category, where there is a risk of life-threatening injury. In addition to the objective risk of bodily injury, sentencing courts are directed to consider evidence of subjective awareness of the risk of injury (para. 17), and a range of other factors, including the use of a weapon, the degree of force, violence or brutality, the degree of deliberation or planning, provocation, the time involved, and the element of chance in the resulting death (para. 19).

This review of case law demonstrates that the “middle category” of manslaughter cases set out in Laberge covers a broad range of circumstances and therefore a wide range of sentences. The low end of the range is generally about 3.5 or 4 years’ imprisonment, although there are cases, such as Tabbara and Braune, where sentences of 2 or 3 years were imposed. The higher end of the range is generally about 6 or 7 years, although again there are unusual cases where higher sentences have been imposed. The higher end of the range has mostly been applied where there were weapons involved or prolonged and extreme violence.

This case would seem to fall between the middle and highest category?

[Peanut]

Originally Posted by pylon

So with time served, we're looking at his release in 30-48 months in all likelyhood.

Gross.

And I too agree it's manslaughter. I'm sure he didn't wake up that day and say I'm killing a gas clerk. But he had a choice to ditch and run. But valued a $100 tank of diesel over this woman's life.

If he woke up that morning and said "I'm going to kill a gas clerk" then it would have been premeditated and the charge would have been first degree murder. But second degree has something to do with "reckless", which this clearly was. And he said "if she goes in front, I'm gonna go". And once she got on the hood... what did he think was going to happen? You can't run people over with an F-350 and have a reasonable expectation that you're not going to greviously injure or kill them.

He's just a huge POS that didn't value this woman's life whatsoever and killed her over $113 of gas and a stolen truck. It's terrible to know he'll be back in the streets in pretty short order.

[Winsor_Pilates]

I'd imagine this is about as close to the 2nd degree that a manslaughter charges go, so hopefully that puts it at the 15 end of 4-15 years.
If he gets 4-5 years, that will be complete injustice.

[afc wimbledon]

Originally Posted by Peanut

If he woke up that morning and said "I'm going to kill a gas clerk" then it would have been premeditated and the charge would have been first degree murder. But second degree has something to do with "reckless", which this clearly was. And he said "if she goes in front, I'm gonna go". And once she got on the hood... what did he think was going to happen? You can't run people over with an F-350 and have a reasonable expectation that you're not going to greviously injure or kill them.

He's just a huge POS that didn't value this woman's life whatsoever and killed her over $113 of gas and a stolen truck. It's terrible to know he'll be back in the streets in pretty short order.

I'm sure I may be corrected but legally pre meditation may be almost instant, it doesn't require extensive planning or the like, 2nd degree murder generally means you do something that the outcome can only reasonably be expected to kill even if you don't neccersarily plan on killing some one, ie shooting them with their own gun after a fight or stabbing someone multiple times.
Manslaughter is usually applied where the violent action led to a death but could reasonably be considered not only not intentional but also the action itself wouldn't reasonably be expected to kill, say punching someone who then cracks their head on a rock.

The problem with 1st and 2nd degree murder tends to lie in trying to prove intent, its rare that a killing cant be interpreted as either outside of gang hits and serial killers.

[CaptainCrunch]

To me as soon as he stepped on the gas when she was on or in front of the car, the manslaughter charges should go out the window. He made a decision while operating a multi ton vehicle in a extremely callous way.

I wouldn't mind a shorter sentence if there was hard labor attached to it. But chances are this punk will get a sentence that will get him out of prison soonest.

He's human garbage.

[Alberta_Beef]

Any death in the commission of a crime should be first degree murder, in this case multiple crimes.

[ToewsFan]

I read a couple of articles about the incident 18 months ago. In the comment section his brother was not only defending him, but challenging people who had a poor view of the accused, calling them "goofs" and other pleasantries. Seems like the family of the accused are not exactly helping things in any way.

[llwhiteoutll]

Originally Posted by OMG!WTF!

This would be one situation where I kind of wish we had capital murder in our books. I get the manslaughter conviction but it's not even close to enough.

If they couldn't get a conviction for second degree murder, didn't bother to charge first degree since the facts didn't support it, there is no chance it would ever be a capital case.

And that's totally ignoring the fact that the death penalty is useless, other than making people feel better about themselves for a few minutes

[OMG!WTF!]

Originally Posted by llwhiteoutll

If they couldn't get a conviction for second degree murder, didn't bother to charge first degree since the facts didn't support it, there is no chance it would ever be a capital case.

And that's totally ignoring the fact that the death penalty is useless, other than making people feel better about themselves for a few minutes

Oh sorry. Capital murder and capital punishment are different. Capital murder is an American charge in some states where you get the equivalent of a first degree murder charge if you are involved in the commission of a felony that results in a death. It's a stupid law...that 15 year old Canadian kid in Florida whose older brother was killed while buying drugs was going to be charged with capital murder because he was in the car while they were at the dealer's house. But in this case where the kid is directly responsible...it seems kind of appropriate.

[Amethyst]

Maryam Rashidi's husband was killed in a car accident on the two year anniversary of her death. Apparently he had moved to Vancouver, but was coming back to Calgary to visit her grave. That poor little boy, to lose both his parents.

Sorry, I don't have a link, ATM. I saw a clip from CTV news but didn't save it.

Edit: Here's the link:
http://calgary.ctvnews.ca/video?clip...ylistPageNum=1

[Northendzone]

^ wow, that is an unbelievable sad end to this couples story. My heart hurts for their son

[calgaryblood]

That is pretty unbelievable, such a sad story.

[taco.vidal]

Sorry didnt see link in the post above so repost

Man whose wife died in Calgary hit and run killed in B.C. crash

The husband of Maryam Rashidi Ashtiani, killed in a hit and run in 2015 has himself died in a car crash. Ina Sidhu reports.


Published Sunday, June 11, 2017 5:44PM MDT
Last Updated Sunday, June 11, 2017 6:50PM MDT

In a tragic turn of events, the husband of a woman killed in a hit and run in northwest Calgary two years ago has been killed in a crash in B.C.

Ahmed Nourani Shalloo was driving to Calgary from Vancouver to visit the grave of his wife, Maryam Rashidi Ashtiani, when he was killed in a crash in B.C.

“I’m still shocked, I’m still trying to convince myself it has happened,” said family friend Jina Masnadi.

Ahmed Nourani Shalloo, was killed in a crash in B.C., two years to the day after his wife was killed in a hit and run.

“Usually, this happens in movies, a story like this happens in a book, not in reality. For a family that came to Canada for a better life and never ended up being happy, both of them in the same day; we get goosebumps.”

Ahmed and his young son Koorosh moved away from Calgary after Maryam was killed trying to stop a $113 fuel theft from the gas station where she worked.

Maryam had taken the job after she’d been laid off from her position as a chemical engineer at a Calgary firm.

http://calgary.ctvnews.ca/man-whose-...rash-1.3453836

[ToewsFan]

Originally Posted by taco.vidal

http://calgary.ctvnews.ca/man-whose-...rash-1.3453836

Feel so sad for their poor child.

[Erick Estrada]

So now this senseless act has resulted in the death of both parents. Even if indirectly it's fair to assume if the first act never happens they are still a happy family today. What a tragic childhood for that boy.

[Table 5]

Wow, that is unbelievably tragic. That poor child.

[chemgear]

Saw that this morning. Frack.

[Northendzone]

I caught the story on the news, I was surprised to note that the husband had remarried sometime within two years of his wife passing away.

[oilyfan]

Originally Posted by Northendzone

I caught the story on the news, I was surprised to note that the husband had remarried sometime within two years of his wife passing away.

I can understand him trying to find someone to help him raise his child, especially after he loses his mother so young. What a shocking development, feel so sad for the child.