'I feel bad for him': Mother of woman killed in gas-and-dash reacts to 11-year sentence
Jury found Joshua Mitchell guilty of manslaughter in running over a gas station attendant
Before Joshua Mitchell was sentenced to 11 years in prison for killing Maryam Rashidi in a Calgary gas-and-dash theft, he fought back tears as he offered an apology to his victim's family and acknowledgedthe pain and suffering he's caused.
"If I had the chance to replace MissRashidi, I would," said Mitchell.
Rashidi'smother and brother travelled from Iran for the court hearing. They sobbed as the sentence was handed down by Court of Queen's Bench Justice Alan Macleod on Wednesday, butRashidi'smother,Kobra Mohmmadi, offered words of kindness to Mitchell and his family afterward.
"I feel bad for him. I'm a mom and I feel bad for his mom as well,"Mohmmadi said inFarsi as family friendGina Masnadi translated.
"She was alone but she died for the things that she believed."
Earlier this year, Mitchell was found guilty of manslaughter for running overRashidi, who was working as a gas station attendant at the Centex station on June 7, 2015.Rashididied trying to stop Mitchell from stealing $113 in fuel.
Rashidi's family tragedy didn't stop with her death. Two years later, while travelling to Calgary to mark the anniversary of his wife's death,AhmadNouraniShallo was killed in a car accident, leaving his eight-year-old son an orphan.
"I think all of us, our hearts go out to the family ofMaryam, including, I'm sure, Mr. Mitchell's [family]," saidMacleodin handing down his sentence.
But before he died,Shallowrote a victim impact statement thatwas read aloud in court at Mitchell's sentencing hearing on Wednesday.
"Somethings that you lose can be recovered over time other losses are immeasurable," he wrote.
"For instance, the loss of the innocence of a childwhen his mother is taken from him."
On June 8, 2017, just weeks after the guilty verdict, Shallo was travelling to Calgary from his new home in Vancouver with his son, Koorosh, and his second wife when they crashed on the Trans-Canada Highway near Golden, B.C.
A poem for Maryam
Shallodied whileKoorosh, 8, who was asleep in the back seat, suffered minor injuries. The wife underwent several surgeries but was expected to make a full recovery.
In his statement, Shallowrote it wasRashidi who wanted to move to Canada, believing she would be able to give her son a better life here.
Shallo said he resisted the pleas of his family to return to Iran because,"I believe that is what Maryam would have wanted."
Weeks before Shallo died, he wrote a poem for his wife:
Your arms around made me feel like home but it is a very long time.
I am homesick.
Rashidi'sbrotherMohammad also wrote avictim impact statement which was read by the prosecutor.
"Maryam was a genius girl," Mohammad Rashidi said of his sister, who studied chemical engineering at the best university in Iran.
"Now she's far, far away from us."
Mohammad said his mother's health has deteriorated since she learned of her daughter's death and began following the news coverage of the trial.
"In the midnights I still hearing that my mother is crying in the night."
Rashidi and her husband had moved from Iran with their six-year-old son for engineering jobs in the oil and gas industry, but were laid off after just four months. She hadtaken the job at the Centex station to help make ends meet and was working her fourth shift when she was killed.
In May, jurors were visibly emotional as they delivered their verdict, finding Mitchell who was on trial for second-degree murder guilty of the lesser offence of manslaughter.
At least four of the jurors from thetrial showed up for Wednesday's sentencing.
Prosecutors James Thomas and Jonathan Hak had soughta 12-year sentence:10 years for the manslaughter plustwo years for the hit and run conviction.
Mitchell's lawyer Kim Ross said a sentence in the range of seven to eight years would beappropriate with a five- to seven-year driving prohibition.
"He takes full responsibility for his actions," said Ross. "He obviously can't take back what has happened."
"[Mitchell]is extremely remorseful for what's happened and is willing to take, and wants to take, any course of action that he can, any programs, educational programs that will assist him."
3+ years credit for time served
On that fatal day in 2015, Mitchell drove away without paying for fuel, in astolen FordF-350.
Rashidi tried to stop the fleeing truck, which was impeded by traffic on 16th Avenue N.W., by climbing on its hood. Mitchell attempted to jostle her off but she fell under the vehicle, which then drove over her, causing fatal injuries.
The jurors' manslaughter verdict meant they believed Mitchell didn't intend to kill Rashidi.
Mitchell will get three years and four monthscredit for the time he has already served.
A lifetime driving prohibition was also imposed. Thomaspointed out Mitchell wason bail for dangerous driving offences when he killed Rashidi.
"He should absolutely not be behind the wheel ever again."