'He was going to get away over her dead body': Jurors deliberating in gas-and-dash murder trial

Faced with a "shocking, dangerous, deadly situation," Joshua Mitchell chose to "get away at all costs" and should be found guilty of second-degree murder for mowing down gas station attendant Maryam Rashidi, prosecutor Jonathan Hak told jurors in his final arguments ofa two-week trial.

The jury began deliberating around 3:30 p.m. MT and is sequestered until a verdict is reached.

Rashidi, 35, was run over by a stolen Ford F350 that drove away without paying for a full tank of diesel on June 7, 2015.

"He was going to get away over her dead body," Hak,referringto Mitchell, saidin his closing statement.

• 'I could see the look of fear in her eyes': Gas-and-dash murder trial hears first-hand account from passenger

The fatal encounterbegan afterRashidi caught up to the truck she chased from the Centex station where she worked and climbed on its hoodwhen it came to a stop intraffic on 16th Avenue.

Unable to jostle her off by reversing and driving forward, Mitchell accelerated, the trial heard.

"[Mitchell] knew that she was no match for the stolen F350," said Hak. "He had the power of life and death over Maryam and he chose death."

Second-degree or manslaughter

The only issue jurors are tasked with deciding is whether Mitchell is guilty of second-degree murder or manslaughter.

For a second-degree murder conviction, the Crown must prove Mitchell meant to cause Rashidi's death or that he knew his actions may result in injuries that could lead to her death.

Even though Hak said he believed Mitchell did not want Rashidi to be injured or die, he did know the potential outcomeof his actions.

Defence lawyer Kim Ross, however, told jurors Mitchell did not have the intent necessary for a murder conviction.

"He is guilty of manslaughter, no question about that," said Ross. "He is not guilty of second-degree murder."

Ross said jurors can not convict Mitchell based on sympathy they feel for the victim.

"We all have sympathy for Ms.Rashidi, I have sympathy for Ms. Rashidi," said Ross. "He is just trying to get out of there, he is nottrying to hurt anybody."

Ross asked jurors to considerMitchell's statement to police three days after the incident when he said "we didn't want to hurt anybody" and chose to try and drive awayinstead of usingbear spray on her like his passenger had suggested.

Jurors to be sequestered Thursday afternoon

The medical examiner found Rashididied from complications of multiple blunt force injuries, including a fractured skull, fractured vertebrae, a brain hemorrhage and a brain injury.

Her battered body had massive black and purple bruises, some with the pattern of tire marks.

Rashidi had recentlybeen laid off along with her husband from her job as an engineer in Calgary's oil and gas industry, and was working her fourth shift at theCentexstation when she was injured. She left behind a six-year-old son.

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