11 years in prison for killer in 2015 Calgary gasanddash death

first_imgTwo years after 35-year-old Maryam Rashidi was run over and killed while trying to stop a gas-and-dash at her Centex station in northwest Calgary, her killer learned his prison sentence.Joshua Cody Mitchell was handed 11 years total for the high-profile death, 10 for the manslaughter charge and one for the hit and run, with other charges being served concurrently.Some of Rashidi’s family, including her mother and brother, travelled all the way from Iran to see Mitchell sentenced.“We couldn’t be for the trial before here, but we did all the best to come here for this day, to show Maryam that we support her and we wanted to be her for here today,” her mother Kobra Mohammadi said through a translator. “She was very kind, she was very nice to everybody since she was a kid, and she would always insist to do the right thing.”The Crown was asking for 12 years and a lifetime driving ban for Mitchell, while the defence was seeking seven to eight years behind bars and a driving ban of five to seven years.Mitchell was originally charged with second-degree murder, but was given the lesser charge in May.On June 7, 2015, Rashidi chased Mitchell’s stolen truck from a 16 Avenue N.W. Centex gas station to a nearby Home Depot parking lot, after he left without paying $113 for the gas.Court heard after jumping up and down on the truck a couple of times, Mitchell eventually drove over her and she was killed.Mohammadi said while they truly believe it should’ve been a murder conviction, she has sympathy for the Mitchell family.“I feel bad for him,” she said. “I am a mom and I feel bad for his mom as well and I don’t want to see my kid in this situation, as his mom did.”Before the lawyers made their arguments, two victim impact statements were read by Crown Prosecutor James Thomas.One was by Rashidi’s late husband Ahmad Shallo, who in a tragic twist of fate, died in a car crash this summer while driving from Vancouver to Calgary to mark the second anniversary of Rashidi’s death.But in a statement written before his death, he said:“Some things that you lose can be recovered over time,” he said. “Other losses are immeasurable and can never be retrieved, for instance, the loss of innocence of a child when his mother is taken from him.He talked about how after his death, their son Koorosh asked who will get his Christmas presents.“In reply to my question ‘why do you ask that?’ he told me “because I have no mom.”Mitchell did address the court.“I would like to apologize to the family and friends of Mr. Rashidi,” he said. “If I had the chance to change what happened that day, I would.”Judge Alan Macleod noted Mitchell’s young age and remorse during his decision, but noted the aggravating factors that led to his decision.Those included the fact that Mitchell was on recognizance at the time of the crime, with a condition that he not drive.He also noted that while this may have been a very sudden decision, he must’ve known that driving over Rashidi had the risk of causing great harm.“The circumstances, the gravity of the offence, his responsibility, the total circumstances of the context of the theft of the gas and the stolen motor vehicle, all made this an appropriate outcome,” Thomas said.“He should absolutely not be behind the wheel ever again,” Thomas added. “He was on release at the time, it was a series of dangerous driving offences, there is no reason he should ever be behind the wheel.”Defence lawyer Kim Ross said it’s unclear if they will appeal.The other issue is what will happen to Rashidi’s son Koorosh.Currently, the eight-year-old is staying with Shallo’s second wife, but the Rashidi family says they will fight for custody.last_img

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