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ANNOUNCER: This program is
rated 14+, and contains
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scenes of violence and
mature subject matter.
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Viewer discretion is advised.
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[siren wailing]
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[Yang] It-- It was shocking.
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It's-- It's something
that you can't believe
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it's happening in front of you.
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[Reece] All I knew was
it was very dangerous.
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[Foster] We need to close that
scene down as soon as we can,
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so we're not losing evidence.
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We still didn't really know
what occurred.
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[indistinct police
radio chatter]
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- [dogs barking]
- [officer] Put your hands
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straight up in the air.
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[Bangloy] I'm trying to get as
much of the truth as possible.
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It's really happening.
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[Hak] This case had
far-reaching consequences.
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[man] She felt something
wrong was happening,
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and she was trying
to correct it.
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[tense music]
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Welcome to Crime Beat,
I'm Antony Robart.
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Tonight, a dramatic scene
in the middle
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of the busy
Trans-Canada Highway,
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as it cuts through
the city of Calgary.
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As a shocking altercation
between a pedestrian
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and a heavy-duty
pickup truck escalated,
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dozens of witnesses
were left wondering why.
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Here, now, is Nancy Hixt,
with "A Fatal Decision".
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[traffic rumbles]
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[Hixt] On a warm spring
morning in June of 2015,
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Calgarians were soaking up
the sunshine.
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[siren wails]
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But the mood
was quickly darkened
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by a chaotic turn of events.
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Just after 11 a.m. on Sunday,
the 7th of June, 2015,
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I was called by one
of my officers to be notified
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that there had been
a serious injury collision.
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And it appeared to be
domestic-related.
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A female struck by a vehicle,
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some sort of shouting,
some sort of disturbance.
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[Hixt] It happened
in a busy commercial area,
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in front of numerous
witnesses.
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It was shocking.
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It's something that
you're-- you're just...
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[sighs] ...you can't believe
it's happening in front of you.
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[tense music]
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[Hixt] Emmett Yang was driving
when it all unfolded.
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[Yang] This F-350 came
booming out of the parking lot,
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and I had
to swerve to miss him.
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And, pulled in front of him.
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He came out of the Home Depot
parking lot fast.
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Overshot the first lane,
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and tried to pull into
the middle lane right away.
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And at that time,
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a woman was screaming
as she was chasing the truck.
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And there was a red light.
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We were all stopped
at the intersection.
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♪
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[Hixt] Everything
was happening very quickly.
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And in the background,
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Emmett heard
another woman yelling.
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There was a very
distinct voice,
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and I remember
seeing her scream,
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"Get down, get down,
get off the truck,
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you're going to get hurt."
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And she repeated similar words
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at least three times,
screaming them.
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♪
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[Reece] I was watering plants
at Home Depot.
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I just saw this big truck drive
in a pretty aggressive manner
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out onto 16th Avenue,
facing west.
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And then I saw this woman
running behind.
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But he did stop before
he got into-- onto the roadway,
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so I was able
to get his licence number.
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And-- And then once
he turned out,
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I could see a woman running.
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She went right out onto
the roadway without stopping,
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without looking.
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She just ran out,
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and she pounded on
the passenger-side window.
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The vehicle stopped
almost in front of me.
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Everything kind of just
closed in on that scenario.
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As soon as she stepped
onto the roadway,
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I said, "Come back here."
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I was really screaming at her.
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I said, "Come back here,
I've got his license number."
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I said-- but, like,
screaming in a way
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that I really wanted
to get her attention.
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She didn't look at me.
I'm sure she didn't hear me.
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At this time,
I knew that things
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were really not gonna go well.
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She actually took a step
onto the bumper,
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and then hoisted herself up
onto the hood of the truck.
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Now, this is a--
a really big truck,
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and so she had to--
it-- it was a--
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I couldn't-- I couldn't process
the physicality of it all.
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I just really could not
process what I was seeing.
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She was climbed up
on the hood to try--
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and hinder him from moving.
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I remember consciously
thinking,
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"No, don't do that.
Don't do that."
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I saw the truck lurching,
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trying to scare her off
of the hood of the truck.
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It lurched three, four times.
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And I turned as soon
as he accelerated and moved,
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because I knew there was
no positive outcome
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that could happen as a result
of what I was witnessing.
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She lost her footing, um...
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and this part is definitely
in slow motion.
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I saw her go under
the front wheel of the truck.
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And then milliseconds later,
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I saw her go under the--
the dual wheels in the back.
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And the truck lurch up,
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and her on the ground,
rolled over, eyes shut.
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And-- And I don't know
if it was blood
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coming out of her mouth, but
it-- to this day, I can see it.
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[Hixt] Witnesses watched
in disbelief.
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The offending truck
fled the scene.
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[Yang] He darted, right away.
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He-- He hit the gas,
traffic had broke.
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He immediately went
into the right lane,
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and turned very fast
onto 19th Street.
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I just thought, "No, no."
And... I followed him.
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I-- I don't know why.
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And I, like, just hit the gas.
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Like, I put my car sideways
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around-- onto the turn
onto 19th Street.
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And then he started
picking up speed.
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And we were probably in excess
of 120 kilometers an hour
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in a 50 zone.
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I remember, like,
grabbing my phone
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to try and take a picture
of the licence plate.
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And I just couldn't,
we were just going too fast.
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I-- I can't do that.
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But I do recall that we were
just passing people.
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Like, he went into
oncoming traffic.
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I-- I pulled out slightly,
and crossed the yellow
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a little bit to keep up.
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And... I-- I don't know why.
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I just kept on following.
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There was a bunch of cars
parked on the side, here.
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And...
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the-- the truck almost
took out a row of cars here.
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We-- We must've tried to take
that corner doing about
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40 or 50 kilometers an hour.
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We were driving erratically
through this area.
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It's nice out.
Kids are playing on the lawn.
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And I just thought,
I'm going to hurt somebody.
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I'm going to hit a kid.
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And uh... yeah, it was a--
I-- I just backed off.
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And then the adrenaline
started fading off.
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And I just realized,
I-- what am I doing?
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I'm-- I'm a dad,
I'm not Batman.
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[Hixt] The driver of the
heavy-duty pickup was gone.
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And the victim
was badly injured.
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Several witnesses
rushed to her aid,
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while others called for help.
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[Reece] And I kept thinking,
"Don't move her."
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Leave her.
Just leave her where it is,
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until the ambulance gets here.
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I-- I just kept--
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I wasn't looking there,
because I didn't--
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I didn't ever see
her on the ground.
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I never looked.
I just couldn't look.
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But I just kept yelling
at people.
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And, you know, people
were just, I don't know,
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people were just in-- in shock.
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I mean, it was a...
it was a shocking situation.
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[intense music]
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Welcome back to Crime Beat.
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A shocking scene on a major
Calgary thoroughfare
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left witnesses horrified,
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and a woman clinging to life
in hospital.
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It was initially believed
to be a domestic incident,
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until investigators
discovered surveillance video
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that told a much
different story.
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Here, again, is Nancy Hixt
with "A Fatal Decision".
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[siren wailing]
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[tense music]
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[Hixt]
EMS and police responded
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to multiple 911 calls,
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and found a woman
badly injured
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in the middle of 16th Avenue,
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the TransCanada Highway,
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as it cuts through
the city of Calgary.
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[sirens wailing]
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The woman,
unconscious but breathing,
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was rushed to hospital.
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[Foster] The pedestrian
had sustained
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life-threatening injuries,
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and we still didn't really
know what occurred,
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other than the fact that she'd
been run over by a vehicle,
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and that the vehicle
had fled the scene.
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[Hixt] Officers closed
the major thoroughfare,
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00:09:01,467 --> 00:09:03,400
and taped it off
as a crime scene.
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[Foster] With a hit and run,
it's even more imperative
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00:09:07,700 --> 00:09:08,967
for us to close the roadway,
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because another vehicle
driving over there
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can pick up a piece
of the suspect's vehicle,
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00:09:15,033 --> 00:09:17,600
can be caught up in treads
of another vehicle's tires,
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00:09:17,767 --> 00:09:19,066
or whatever it may be.
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00:09:19,233 --> 00:09:22,000
So, we need to close that scene
down as soon as we can,
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00:09:22,166 --> 00:09:23,633
so we're not losing evidence.
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[sirens blaring]
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The immediate area
is fairly commercial.
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There's petrol stations there,
or gas stations,
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00:09:30,900 --> 00:09:33,400
restaurants, fast food places,
what have you.
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North Hill Mall
is just to the south
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of the collision location.
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There's a fire hall
very nearby.
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So it's a fairly busy area.
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[Hixt] Each witness
was interviewed.
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00:09:47,033 --> 00:09:50,433
Police canvassed
businesses for CCTV,
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00:09:50,600 --> 00:09:52,600
as the Collision
Reconstruction Unit
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00:09:52,767 --> 00:09:54,800
gathered evidence
from the scene.
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00:09:54,967 --> 00:09:59,033
[Foster] We had a fairly
distinctive scuff mark
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00:09:59,200 --> 00:10:04,166
on the roadway which indicated
the Dually tires.
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00:10:04,333 --> 00:10:07,867
The marks that we saw,
or that we identified,
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00:10:08,033 --> 00:10:10,166
were consistent
with an acceleration mark.
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00:10:10,333 --> 00:10:11,834
It wasn't a braking mark.
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00:10:12,000 --> 00:10:14,867
So, this was a vehicle
that the driver
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00:10:15,033 --> 00:10:17,033
had stamped on the accelerator.
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00:10:17,200 --> 00:10:20,066
The wheels started spinning
before it started to move,
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00:10:20,233 --> 00:10:22,467
and we had this very clear
path of travel,
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00:10:22,633 --> 00:10:24,166
initially on the roadway.
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00:10:24,333 --> 00:10:27,567
The initial information we had
was that it was a large...
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00:10:29,066 --> 00:10:32,767
F-350 type vehicle
with Dually wheels.
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00:10:32,934 --> 00:10:38,166
So, the side-by-side wheels on
the back of the vehicle itself,
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00:10:38,333 --> 00:10:39,967
and we had a plate
for the vehicle.
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00:10:40,133 --> 00:10:41,633
That vehicle came back
as stolen.
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00:10:42,633 --> 00:10:44,800
So, it became
even more imperative
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00:10:44,967 --> 00:10:47,300
to try and find this vehicle
as soon as possible.
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00:10:47,467 --> 00:10:49,600
We can't do anything
until we have the vehicle.
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00:10:49,767 --> 00:10:51,767
[indistinct police
radio chatter]
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00:10:51,934 --> 00:10:55,500
So, we're out, we're doing
what we call a grid search,
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00:10:55,667 --> 00:10:58,200
checking all the roads
in the immediate vicinity,
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00:10:58,367 --> 00:11:00,500
looking for this
particular vehicle.
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00:11:01,767 --> 00:11:05,266
[Hixt] The victim had suffered
skull and neck fractures,
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00:11:05,433 --> 00:11:09,333
a bruised lung, and severe
injuries to her legs.
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00:11:09,500 --> 00:11:12,467
She was clinging to life
in hospital.
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00:11:12,633 --> 00:11:13,767
[Foster] So, we established
fairly quickly
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00:11:13,934 --> 00:11:15,867
that the pedestrian
was Maryam Rashidi,
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00:11:16,033 --> 00:11:18,900
who was an employee
at the Centex gas station.
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00:11:19,066 --> 00:11:21,834
[Hixt] That's when police
discovered new evidence
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00:11:22,000 --> 00:11:25,233
that proved this strange
and senseless incident
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00:11:25,400 --> 00:11:28,066
wasn't a domestic dispute
after all.
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00:11:28,800 --> 00:11:30,100
[Foster] Because we were able
to get the manager
248
00:11:30,266 --> 00:11:32,567
to come down
to the gas station itself,
249
00:11:32,734 --> 00:11:36,400
we were able to get hold of the
CCTV footage fairly quickly,
250
00:11:36,567 --> 00:11:38,500
and that told us the story.
251
00:11:38,667 --> 00:11:41,300
It showed the truck
coming into the gas station.
252
00:11:42,300 --> 00:11:44,200
It showed,
if I remember correctly,
253
00:11:44,367 --> 00:11:46,867
the passenger
getting out of the vehicle,
254
00:11:47,033 --> 00:11:49,533
filling the vehicle
up with gas,
255
00:11:49,700 --> 00:11:51,967
and then, basically,
them leaving.
256
00:11:52,133 --> 00:11:55,200
We established that this had
actually been a drive-off,
257
00:11:56,000 --> 00:11:58,533
theft of petrol
from a nearby gas station,
258
00:11:58,700 --> 00:12:00,667
and it appeared that
she was trying to stop them
259
00:12:00,834 --> 00:12:01,867
from fleeing the scene.
260
00:12:02,033 --> 00:12:05,667
I recall the video
showing Maryam
261
00:12:05,834 --> 00:12:07,900
rushing out of the gas station,
262
00:12:08,066 --> 00:12:09,633
the actual office itself,
263
00:12:10,533 --> 00:12:12,266
running up to the vehicle,
264
00:12:12,433 --> 00:12:16,367
and basically chasing it out
of the gas station forecourt.
265
00:12:16,533 --> 00:12:18,567
[Hixt] Surveillance
cameras then lost
266
00:12:18,734 --> 00:12:21,433
both the truck,
and Maryam Rashidi.
267
00:12:21,600 --> 00:12:23,567
The pedestrian was in hospital,
268
00:12:24,467 --> 00:12:26,800
she-- under care,
in the intensive care unit.
269
00:12:27,433 --> 00:12:29,533
So, again,
I couldn't speak to her.
270
00:12:29,700 --> 00:12:32,200
During the course
of the theft of the petrol,
271
00:12:33,133 --> 00:12:37,800
they filled up with something
like $113 worth of diesel fuel,
272
00:12:37,967 --> 00:12:42,500
and basically drove off
once they-- they filled up.
273
00:12:42,667 --> 00:12:46,867
[Hixt] Police believed she was
trying to stop a gas-and-dash.
274
00:12:47,033 --> 00:12:49,467
[Foster] Certainly when
I spoke to her husband later,
275
00:12:49,633 --> 00:12:54,700
there was some sort of feeling
that if the vehicle got away,
276
00:12:54,867 --> 00:12:56,834
her pay would be docked
by the amount
277
00:12:57,000 --> 00:12:58,433
that actually went missing.
278
00:13:00,133 --> 00:13:02,033
This was completely untrue.
279
00:13:02,200 --> 00:13:04,700
Speaking to the manager,
he goes,
280
00:13:04,867 --> 00:13:08,066
"It's-- it's the cost of doing
business, we get drive-offs."
281
00:13:08,233 --> 00:13:10,433
Bilking, and to make-off
without payment
282
00:13:10,600 --> 00:13:13,033
back in 2015,
was fairly common.
283
00:13:13,200 --> 00:13:16,400
That was before you had
to go in and pay for your fuel,
284
00:13:16,567 --> 00:13:17,967
before you could get gas.
285
00:13:18,133 --> 00:13:20,200
So that, in itself, wasn't...
286
00:13:20,767 --> 00:13:24,934
For somebody to-- to be
stopped by that attendant
287
00:13:25,100 --> 00:13:28,734
and then with no regard
for them,
288
00:13:28,900 --> 00:13:30,800
try to shake them off the front
of the vehicle, and drive off,
289
00:13:30,967 --> 00:13:33,300
and-- and leave that person
lying on the ground,
290
00:13:34,066 --> 00:13:36,467
that was-- that was unusual.
291
00:13:38,834 --> 00:13:40,233
[Hixt] Concerned that valuable
292
00:13:40,400 --> 00:13:42,667
forensic evidence
would be lost,
293
00:13:42,834 --> 00:13:46,934
the race was on to track down
the truck and the driver.
294
00:13:47,100 --> 00:13:50,767
We took the unusual step
of releasing photographs
295
00:13:50,934 --> 00:13:54,667
of the driver and the passenger
from the vehicle,
296
00:13:56,233 --> 00:13:59,934
and had them shared amongst
the media fairly quickly.
297
00:14:00,700 --> 00:14:02,900
She was trying to stop
a thief from speeding away.
298
00:14:03,066 --> 00:14:05,834
Now she's in hospital,
and the man is on the run.
299
00:14:06,000 --> 00:14:07,467
[reporter] Police are looking
for a copper-coloured
300
00:14:07,633 --> 00:14:10,033
Ford F-350,
with dual wheels in the back,
301
00:14:10,200 --> 00:14:12,900
and Alberta licence plate
EUX 378.
302
00:14:13,066 --> 00:14:15,133
The suspects are described
as 20 to 25,
303
00:14:15,300 --> 00:14:16,734
with a slim build.
304
00:14:16,900 --> 00:14:19,567
The driver had brown hair,
the passenger had blonde hair.
305
00:14:19,734 --> 00:14:22,934
A member of the public actually
contacted the police,
306
00:14:23,100 --> 00:14:26,033
and said that a vehicle
had been abandoned
307
00:14:26,200 --> 00:14:28,100
at the back of their house.
308
00:14:28,633 --> 00:14:32,533
This is that big, huge
puzzle piece that we need
309
00:14:32,700 --> 00:14:34,834
in any hit-and-run
investigation.
310
00:14:36,000 --> 00:14:39,200
[Foster] I ensured
that the vehicle
311
00:14:39,367 --> 00:14:42,633
was forensically photographed
at the scene,
312
00:14:42,800 --> 00:14:46,166
where it was found,
with lots of detail,
313
00:14:46,333 --> 00:14:47,967
because once it starts to move,
314
00:14:48,133 --> 00:14:50,600
I may lose evidence
from the vehicle.
315
00:14:50,767 --> 00:14:53,100
[Hixt] The truck was towed
for further examination
316
00:14:53,266 --> 00:14:55,834
by forensic crime scene's
investigators.
317
00:14:56,000 --> 00:14:59,734
It was scoured for possible
prints and DNA.
318
00:14:59,900 --> 00:15:03,033
In this particular instance,
tire marks were important.
319
00:15:03,200 --> 00:15:06,633
The actual tread pattern from
the vehicle, we photographed,
320
00:15:07,600 --> 00:15:12,233
and later when we went
to see Maryam,
321
00:15:12,400 --> 00:15:13,867
we seized her clothing,
322
00:15:14,033 --> 00:15:15,700
we actually had
the tread pattern
323
00:15:15,867 --> 00:15:18,367
from the tires on her clothing.
324
00:15:19,300 --> 00:15:24,133
So, we had that extra... piece
325
00:15:24,300 --> 00:15:25,700
that puts that vehicle there,
326
00:15:25,867 --> 00:15:27,934
and being the one
that ran her over.
327
00:15:28,100 --> 00:15:31,900
On top of that, we had
a scuff mark on the bumper
328
00:15:32,066 --> 00:15:34,433
of the vehicle which had--
329
00:15:34,600 --> 00:15:36,266
well, it wasn't a scuff mark,
330
00:15:36,433 --> 00:15:39,967
it was an imprint
of her clothing
331
00:15:40,133 --> 00:15:41,400
actually on the bumper.
332
00:15:41,567 --> 00:15:43,667
And when we did
the match-up there,
333
00:15:43,834 --> 00:15:46,467
we were quite happy that this
definitely was the vehicle
334
00:15:46,633 --> 00:15:48,400
that did the drive-off,
335
00:15:48,567 --> 00:15:51,367
and that Maryam had
some sort of contact with,
336
00:15:51,533 --> 00:15:54,333
which led to the collision
itself.
337
00:15:55,166 --> 00:15:58,333
[Hixt] That's when the case
took a devastating turn.
338
00:15:58,500 --> 00:16:00,700
[somber music]
339
00:16:10,800 --> 00:16:12,900
[somber music]
340
00:16:13,066 --> 00:16:14,100
[news anchor] The victim
of a hit-and-run
341
00:16:14,266 --> 00:16:16,367
at a gas station has now died.
342
00:16:16,533 --> 00:16:19,734
Maryam Rashidi passed away
earlier this afternoon.
343
00:16:19,900 --> 00:16:23,667
The sad thing is,
this is over $113.
344
00:16:23,834 --> 00:16:26,533
A wife, and a mother
of a 6-year-old boy
345
00:16:26,700 --> 00:16:30,934
is dead over
$113 in unpaid gas.
346
00:16:31,100 --> 00:16:33,200
That's a pretty harsh
reality for this family,
347
00:16:33,367 --> 00:16:35,767
who came to Canada
just a few months ago,
348
00:16:35,934 --> 00:16:37,300
to build a brighter future.
349
00:16:37,934 --> 00:16:40,000
[Shallo] She was the best
thing that I had.
350
00:16:40,767 --> 00:16:43,166
She was a kind mom.
351
00:16:43,734 --> 00:16:45,467
She was very responsible.
352
00:16:45,633 --> 00:16:48,934
We wanted to begin
a better life,
353
00:16:49,700 --> 00:16:52,667
and we wanted to find
a better job,
354
00:16:52,834 --> 00:16:55,567
but unfortunately,
we lost both of them.
355
00:16:56,734 --> 00:16:59,900
[Hixt] Maryam and her
husband Ahmad moved to Canada
356
00:17:00,133 --> 00:17:02,533
in late 2014 from Iran.
357
00:17:03,200 --> 00:17:04,600
They were both engineers,
358
00:17:04,767 --> 00:17:07,800
and landed jobs in the oil
and gas industry.
359
00:17:07,967 --> 00:17:11,800
But a downturn in the economy
left them both laid off.
360
00:17:11,967 --> 00:17:16,033
Miriam took a job at the gas
station to make ends meet.
361
00:17:16,200 --> 00:17:17,667
The day she was run over,
362
00:17:17,834 --> 00:17:20,600
she was working
her fourth shift.
363
00:17:20,767 --> 00:17:23,767
Right now, I'm worried
about our-- my son.
364
00:17:23,934 --> 00:17:26,266
Because he asks me,
"Where is mom?"
365
00:17:26,967 --> 00:17:29,600
And why-- "Why my mom died?"
366
00:17:29,767 --> 00:17:32,000
I don't know what to--
what should I tell him.
367
00:17:33,033 --> 00:17:35,700
[Hixt] His only solace
was that her death
368
00:17:35,867 --> 00:17:38,533
would give others
a chance to live.
369
00:17:39,066 --> 00:17:41,834
They decided to--
to do a body--
370
00:17:42,000 --> 00:17:44,500
a body organ donation
at the third day
371
00:17:45,700 --> 00:17:47,967
that Maryam was in coma.
372
00:17:48,133 --> 00:17:51,667
And today I received a call
from hospital.
373
00:17:51,834 --> 00:17:54,433
They-- They told me that...
374
00:17:54,600 --> 00:17:58,533
Maryam's organs was wonderful,
375
00:17:58,700 --> 00:18:01,533
was okay for doing donation.
376
00:18:01,967 --> 00:18:06,467
I'm glad that six people
can survive.
377
00:18:06,934 --> 00:18:10,367
It's enough for me,
and I think, for Maryam.
378
00:18:10,533 --> 00:18:12,567
It's... enough for-- yeah.
379
00:18:12,734 --> 00:18:14,100
It make me happy.
380
00:18:18,333 --> 00:18:19,934
[Foster] So, once we found out
that Maryam Rashidi
381
00:18:20,100 --> 00:18:22,433
had passed away, this ramped up
our investigation
382
00:18:22,600 --> 00:18:25,266
from basically a simple
hit-and-run investigation
383
00:18:25,433 --> 00:18:27,467
into a fatality investigation.
384
00:18:27,633 --> 00:18:30,867
And with the circumstances
surrounding the whole incident,
385
00:18:31,033 --> 00:18:32,800
we started looking
at the possibility
386
00:18:32,967 --> 00:18:35,800
of manslaughter charges
or even murder charges,
387
00:18:35,967 --> 00:18:38,433
dependent on what evidence
we gathered,
388
00:18:38,600 --> 00:18:40,834
and also, after consultation
with the Crown.
389
00:18:41,000 --> 00:18:42,767
[Hixt] As traffic
collision experts
390
00:18:42,934 --> 00:18:45,000
work to recreate
what happened,
391
00:18:45,166 --> 00:18:48,000
they put together
a detailed timeline.
392
00:18:48,166 --> 00:18:49,600
So, this whole incident
happened within
393
00:18:49,767 --> 00:18:51,300
half a block to a block.
394
00:18:51,467 --> 00:18:53,100
We start off
at the Centex gas station.
395
00:18:53,266 --> 00:18:56,300
The offender drove through
the Home Depot parking lot,
396
00:18:56,467 --> 00:18:57,934
and exited onto 16th Avenue,
397
00:18:58,100 --> 00:19:00,967
where the emergency gate is
for the fire department.
398
00:19:01,133 --> 00:19:03,734
My world is in seconds.
399
00:19:04,867 --> 00:19:06,100
When I deal with a collision,
400
00:19:06,266 --> 00:19:07,300
a collision is over
and done with
401
00:19:07,467 --> 00:19:10,000
in about an eighth of a second,
402
00:19:10,166 --> 00:19:11,533
and that's from
the initial contact,
403
00:19:11,700 --> 00:19:12,967
and vehicles separating.
404
00:19:14,700 --> 00:19:17,867
This is-- a hit-and-run
like this,
405
00:19:18,033 --> 00:19:19,567
this happened in seconds.
406
00:19:20,000 --> 00:19:21,900
Think about a vehicle
pulling into a forecourt,
407
00:19:22,066 --> 00:19:24,000
guy getting out,
filling with gas,
408
00:19:24,166 --> 00:19:27,734
putting the nozzle back into
the pump, and driving off.
409
00:19:28,834 --> 00:19:29,667
Maybe a minute.
410
00:19:30,667 --> 00:19:32,300
Her reaction is to come
and stop them.
411
00:19:33,033 --> 00:19:35,934
Add another 30 seconds
to getting onto the hood,
412
00:19:36,467 --> 00:19:37,400
And then the collision.
413
00:19:38,166 --> 00:19:41,433
So, everybody's life has
changed in a minute and a half,
414
00:19:41,600 --> 00:19:45,800
two minutes, and that's what
this entire thing was.
415
00:19:48,000 --> 00:19:50,467
[Hixt] The case became
high-profile,
416
00:19:50,633 --> 00:19:51,934
and there were renewed calls
417
00:19:52,100 --> 00:19:55,433
for pay-before-you-pump
legislation.
418
00:19:55,600 --> 00:19:57,934
Like, make it mandatory
for everybody
419
00:19:58,100 --> 00:20:00,133
to prepay or pay at the pump.
420
00:20:00,300 --> 00:20:04,967
All employees should be trained
for safety, for safety.
421
00:20:05,133 --> 00:20:09,700
This wasn't the first time
there'd been a drive-off.
422
00:20:09,867 --> 00:20:13,000
If I recall correctly,
there'd been one in B.C.
423
00:20:13,166 --> 00:20:15,967
where a gas station attendant
had been killed.
424
00:20:16,667 --> 00:20:19,667
And certainly this one
involving Maryam
425
00:20:19,834 --> 00:20:22,233
was the impetus,
in certainly Alberta,
426
00:20:22,400 --> 00:20:24,567
to make it a requirement
to fill--
427
00:20:24,734 --> 00:20:26,333
to pay before you fill up.
428
00:20:27,133 --> 00:20:30,266
If you are restricted
to obtaining fuel
429
00:20:30,433 --> 00:20:34,233
only when you prepay, then
gas-and-dashes can't occur.
430
00:20:34,400 --> 00:20:35,867
It might be a stolen
credit card,
431
00:20:36,033 --> 00:20:37,800
but at least there's a payment.
432
00:20:37,967 --> 00:20:41,033
But when you're able to take
fuel without paying for it,
433
00:20:41,200 --> 00:20:43,633
it encourages gas-and-dashes.
434
00:20:43,800 --> 00:20:47,533
If the Centex gas pump
had required prepayment,
435
00:20:47,700 --> 00:20:49,633
then this wouldn't
have occurred, either.
436
00:20:49,800 --> 00:20:51,900
[somber music]
437
00:20:52,066 --> 00:20:54,567
[Hixt] The push for change
would take time.
438
00:20:54,734 --> 00:20:56,834
Yeah, then we have him
driving away.
439
00:20:57,000 --> 00:21:00,367
[Hixt] But at that moment,
the service priority
440
00:21:00,533 --> 00:21:03,400
was to identify the driver
of the truck.
441
00:21:03,567 --> 00:21:07,200
That's when the release
of CCTV images to the media
442
00:21:07,367 --> 00:21:09,700
led to a break in the case.
443
00:21:09,867 --> 00:21:12,033
[Tell] We were able
to identify Joshua Mitchell.
444
00:21:12,200 --> 00:21:15,233
As I recall, Mitchell
was known to us,
445
00:21:16,200 --> 00:21:17,934
a petty criminal, essentially.
446
00:21:18,100 --> 00:21:19,734
[Hixt] The identity
of the suspect
447
00:21:19,900 --> 00:21:22,100
was corroborated
by fingerprints
448
00:21:22,266 --> 00:21:24,000
on a large McDonald's cup
449
00:21:24,166 --> 00:21:26,934
found in the driver's-side
centre console
450
00:21:27,100 --> 00:21:29,700
of the stolen
Ford F-350 truck.
451
00:21:30,533 --> 00:21:33,934
So, from that point, we were
then trying to identify
452
00:21:34,100 --> 00:21:35,567
where those people
were located.
453
00:21:35,734 --> 00:21:41,567
So, inquiries were made
to identify home addresses,
454
00:21:41,734 --> 00:21:44,166
places that they frequented,
455
00:21:44,333 --> 00:21:47,133
and officers were sent
to those locations
456
00:21:47,300 --> 00:21:49,800
to track those people down.
457
00:21:49,967 --> 00:21:51,467
The passenger was found first.
458
00:21:51,633 --> 00:21:55,967
I think he understood the
severity of what was happening,
459
00:21:56,133 --> 00:21:58,333
and was affected
by what had happened.
460
00:21:58,500 --> 00:22:02,433
And he said to us that, yes,
it was Joshua Mitchell,
461
00:22:02,600 --> 00:22:05,767
and that he was prepared to
stand up in court and say that.
462
00:22:07,734 --> 00:22:10,200
[Hixt] Police got a tip
that Joshua Mitchell
463
00:22:10,367 --> 00:22:11,834
had been couch-surfing,
464
00:22:12,000 --> 00:22:15,033
and ended up at this
northwest Calgary home.
465
00:22:15,200 --> 00:22:17,500
My friend asked if he could
stay here for a bit
466
00:22:17,667 --> 00:22:19,967
because he had nowhere to go
because he got kicked out.
467
00:22:20,133 --> 00:22:22,533
And my mom said it was okay
for him just to, like,
468
00:22:22,700 --> 00:22:25,166
stop by,
and have a place to sleep.
469
00:22:26,700 --> 00:22:28,266
[Hixt] They said they were
shocked to find
470
00:22:28,433 --> 00:22:30,467
their home
surrounded by police,
471
00:22:30,633 --> 00:22:33,033
with Mitchell refusing
to come out.
472
00:22:33,200 --> 00:22:34,700
I find that really stupid,
to be honest.
473
00:22:34,867 --> 00:22:37,233
Like, the fact that he could
just stay in the house,
474
00:22:37,400 --> 00:22:38,800
and, like,
not have told anybody,
475
00:22:38,967 --> 00:22:42,266
is-- just puts, like, a lot
of other people at danger.
476
00:22:42,433 --> 00:22:46,033
[Hixt] It was a volatile
and unpredictable situation.
477
00:22:46,200 --> 00:22:48,800
The TAC team,
K-9 and negotiators
478
00:22:48,967 --> 00:22:52,767
were brought in
as a standoff ensued.
479
00:22:52,934 --> 00:22:54,667
[officer] Folks, get up
by your house, please.
480
00:22:55,400 --> 00:22:56,500
Thank you.
481
00:22:56,667 --> 00:22:58,867
[Foster] And that's
why we use negotiators,
482
00:22:59,033 --> 00:23:03,533
right, to get a peaceful
solution to what's going on.
483
00:23:03,700 --> 00:23:07,300
[Hixt] This went on
for hours, until finally...
484
00:23:07,467 --> 00:23:09,333
[officer] Come out, keep your
hands pressed in the air.
485
00:23:09,500 --> 00:23:10,533
[indistinct police
radio chatter]
486
00:23:10,700 --> 00:23:12,200
Put your hands straight up
in the air!
487
00:23:12,367 --> 00:23:13,633
[dogs barking]
488
00:23:13,800 --> 00:23:16,600
[Hixt] Mitchell came out,
and gave himself up.
489
00:23:16,767 --> 00:23:18,166
[officer] Keep going. Stop.
490
00:23:18,333 --> 00:23:20,066
Keep your hands straight up
in the air.
491
00:23:20,233 --> 00:23:22,133
Walk backwards towards me.
492
00:23:24,367 --> 00:23:25,300
Keep walking!
493
00:23:25,967 --> 00:23:28,633
[Foster] I was advised later on
in the evening,
494
00:23:28,800 --> 00:23:29,834
about nine o'clock,
495
00:23:30,000 --> 00:23:32,700
that Mitchell had
surrendered himself.
496
00:23:32,867 --> 00:23:35,500
But based on the time of day,
it was reasonable
497
00:23:35,667 --> 00:23:37,734
that they'd be put
down for rest period,
498
00:23:37,900 --> 00:23:41,033
and that we would interview
them early the next morning.
499
00:23:43,233 --> 00:23:44,667
[Hixt] Joshua Mitchell
was charged
500
00:23:44,834 --> 00:23:47,233
with criminal negligence
causing death,
501
00:23:47,400 --> 00:23:49,000
hit and run causing death,
502
00:23:49,166 --> 00:23:51,567
and dangerous driving
causing death.
503
00:23:52,734 --> 00:23:54,467
Well, we've learned
that the accused
504
00:23:54,633 --> 00:23:56,934
in this case,
Joshua Cody Mitchell,
505
00:23:57,100 --> 00:24:00,600
was out on bail for
a charge of dangerous driving
506
00:24:00,767 --> 00:24:03,333
when Sunday's fatal
gas-and-dash happened.
507
00:24:08,300 --> 00:24:10,500
[reporter] Despite Mitchell's
criminal history,
508
00:24:10,667 --> 00:24:13,266
news of the arrest
provided some comfort
509
00:24:13,433 --> 00:24:14,834
to Maryam's family.
510
00:24:15,934 --> 00:24:17,133
[Foster]
I was able to tell him that
511
00:24:17,300 --> 00:24:18,533
we had two people in custody,
512
00:24:18,700 --> 00:24:20,834
and the fact
that we had the vehicle,
513
00:24:21,000 --> 00:24:25,533
the fact that the investigation
was progressing very well.
514
00:24:25,700 --> 00:24:27,533
This is 11 years
after the event, now.
515
00:24:28,734 --> 00:24:31,100
And it still sort of, like,
wells up a little bit,
516
00:24:31,266 --> 00:24:32,900
you know, the lump
at the back of the throat,
517
00:24:33,066 --> 00:24:35,100
thinking about
what happened that day.
518
00:24:35,266 --> 00:24:36,633
Because it was so preventable.
519
00:24:45,000 --> 00:24:47,333
[solemn organ music]
520
00:24:48,600 --> 00:24:50,600
[faint conversation]
521
00:24:51,867 --> 00:24:54,800
[Hixt] Mourners filled
a Calgary funeral chapel
522
00:24:54,967 --> 00:24:57,967
just days after
the violent gas-and-dash
523
00:24:58,133 --> 00:24:59,934
killed Maryam Rashidi.
524
00:25:00,767 --> 00:25:05,233
We were sad and angry
that such a beautiful life
525
00:25:05,400 --> 00:25:09,700
has been taken away
for such a cruel act
526
00:25:09,867 --> 00:25:11,033
by some young people.
527
00:25:11,200 --> 00:25:14,033
Maryam's husband
spoke through a translator.
528
00:25:14,734 --> 00:25:17,300
[speaking another language]
529
00:25:17,467 --> 00:25:20,834
"To God we belong,
and to him we shall return.
530
00:25:21,567 --> 00:25:24,433
My son Koroosh and I
would like to express
531
00:25:24,934 --> 00:25:28,667
our heartfelt gratitude
for your presence here.
532
00:25:30,767 --> 00:25:33,300
She's not here
to make it to the end.
533
00:25:33,467 --> 00:25:36,300
The journey we both
began four years ago.
534
00:25:37,633 --> 00:25:40,734
Maryam was only 36 years old.
535
00:25:40,900 --> 00:25:43,233
We challenged all
the barriers to immigrate
536
00:25:44,100 --> 00:25:47,967
to Canada with
enthusiasm and passion."
537
00:25:48,133 --> 00:25:49,467
[faint hum of conversation]
538
00:25:49,633 --> 00:25:51,233
[Hixt]
Her father spoke to the room
539
00:25:51,400 --> 00:25:53,233
on the phone from Iran.
540
00:25:53,400 --> 00:25:55,000
[father speaking
another language]
541
00:25:59,834 --> 00:26:03,500
Still struggling to comprehend
that his mother was gone,
542
00:26:03,667 --> 00:26:06,500
their six-year-old son
didn't attend the funeral.
543
00:26:07,500 --> 00:26:09,900
[Shallo]
He thinks dying is temporary.
544
00:26:10,600 --> 00:26:13,567
Actually,
he knows his mom's died.
545
00:26:14,867 --> 00:26:16,467
But yesterday he told me,
546
00:26:16,633 --> 00:26:19,867
"I will come back,
and my mom will become alive."
547
00:26:22,266 --> 00:26:25,000
[Hixt] Among the mourners
were the police officers
548
00:26:25,166 --> 00:26:27,100
who had investigated
her death.
549
00:26:27,867 --> 00:26:30,300
[somber music]
550
00:26:30,467 --> 00:26:32,500
[faint sirens]
551
00:26:38,433 --> 00:26:41,567
As Maryam was taken
to her final resting place,
552
00:26:41,734 --> 00:26:44,633
police turned on
their lights and sirens.
553
00:26:45,033 --> 00:26:47,734
They provided
an escort for the procession,
554
00:26:47,900 --> 00:26:51,133
and a special showing
of support for the family.
555
00:26:54,934 --> 00:26:58,400
In the meantime, with
Joshua Mitchell in custody,
556
00:26:58,567 --> 00:27:01,133
investigators hoped an interview
557
00:27:01,300 --> 00:27:03,300
might elicit a confession.
558
00:27:03,467 --> 00:27:05,500
[Bangloy] I don't
think I've met you before.
559
00:27:05,667 --> 00:27:11,600
I've probably done over
50 accused homicide interviews.
560
00:27:11,767 --> 00:27:14,633
[Hixt] Detective Rey Bangloy
does undercover work,
561
00:27:14,800 --> 00:27:17,367
so, we aren't showing
his face in the interview.
562
00:27:17,533 --> 00:27:20,333
But I knew he was 20 years old,
lived in Calgary,
563
00:27:20,500 --> 00:27:24,734
had a history
of kind of minor offenses,
564
00:27:25,233 --> 00:27:28,100
but mainly property crimes,
and stealing vehicles.
565
00:27:28,266 --> 00:27:30,567
So, I knew the victim
was Maryam Rashidi,
566
00:27:30,734 --> 00:27:33,834
who had only worked
at Centex Gas for a short time
567
00:27:34,000 --> 00:27:38,133
after being laid off
from an engineering job
568
00:27:38,300 --> 00:27:39,934
in the oil and gas industry,
569
00:27:40,100 --> 00:27:44,066
and that about $113
was stolen in a gas drive-away
570
00:27:44,767 --> 00:27:46,934
from the stolen Ford truck.
571
00:27:57,967 --> 00:28:00,467
The interview
continued for hours.
572
00:28:00,633 --> 00:28:02,333
[Bangloy]
He was respectful. He...
573
00:28:02,500 --> 00:28:05,467
You could tell he was
a little bit standoffish,
574
00:28:05,633 --> 00:28:06,967
maybe a little bit nervous.
575
00:28:07,133 --> 00:28:10,266
Obviously he knows that he was
there for serious offenses.
576
00:28:10,433 --> 00:28:13,367
So, again, it's just trying
to create that environment
577
00:28:13,533 --> 00:28:16,967
where he's, you know,
willing to tell the truth.
578
00:28:34,633 --> 00:28:36,867
But it did seem like, you know,
579
00:28:37,033 --> 00:28:39,900
that childhood
really kind of scarred him,
580
00:28:40,066 --> 00:28:42,433
and I'm trying to get
as much information from him
581
00:28:42,600 --> 00:28:46,133
and being able to use
that with the interview,
582
00:28:46,300 --> 00:28:48,700
because obviously
Ms. Rashidi had a family,
583
00:28:48,867 --> 00:28:52,600
and it was a very
emotionally-charged event.
584
00:29:01,834 --> 00:29:04,433
[Bangloy] Making him
feel comfortable
585
00:29:04,600 --> 00:29:06,467
in the interview is important.
586
00:29:06,633 --> 00:29:10,500
Him being able to trust me
was another thing.
587
00:29:10,667 --> 00:29:12,333
So, when asking him questions,
588
00:29:12,500 --> 00:29:13,900
you don't want him
to hold back.
589
00:29:14,066 --> 00:29:15,900
What were his true
feelings about it?
590
00:29:16,066 --> 00:29:17,533
What were
his true thoughts about it?
591
00:29:17,700 --> 00:29:19,834
And he got pretty explicit.
592
00:30:30,667 --> 00:30:35,066
Mitchell reverses, and she ends
up jumping onto the hood,
593
00:30:35,233 --> 00:30:36,367
trying to shake her off,
594
00:30:36,533 --> 00:30:40,100
and is trying to, you know,
get her to stop.
595
00:30:40,266 --> 00:30:44,200
He did say that he was
contemplating using bear spray,
596
00:30:45,400 --> 00:30:47,900
but given the time frame
and the traffic flow,
597
00:30:48,066 --> 00:30:50,333
he was just--
he wasn't able to react.
598
00:30:51,033 --> 00:30:54,567
Instead, he just chose
the way of just taking off,
599
00:30:54,734 --> 00:30:56,266
and hoped that
she would fall off.
600
00:31:43,300 --> 00:31:45,066
That's ultimately
the goal, too,
601
00:31:45,233 --> 00:31:48,834
is just to try to find out
what his mindset was.
602
00:31:49,633 --> 00:31:52,266
And in this case, I think
we got to the truth on that,
603
00:31:52,433 --> 00:31:54,400
that he was
just trying to get away.
604
00:32:07,667 --> 00:32:10,233
It was a bit
of an adrenaline rush,
605
00:32:10,400 --> 00:32:12,333
and as for his mindset,
606
00:32:12,500 --> 00:32:14,934
I think
he was just happy he got away.
607
00:32:15,400 --> 00:32:17,033
And then it was
only 'til afterwards
608
00:32:17,200 --> 00:32:20,000
that he heard in the news
that she ended up dying,
609
00:32:20,166 --> 00:32:22,100
is when I think
they kind of panicked.
610
00:32:22,667 --> 00:32:26,367
He cried a few times,
and teared up.
611
00:32:35,633 --> 00:32:37,667
[Hixt] Detective Bangloy
suggested that Mitchell
612
00:32:37,834 --> 00:32:40,367
write Maryam's
family an apology.
613
00:32:40,934 --> 00:32:42,200
In the letter, he said,
614
00:32:42,367 --> 00:32:44,000
"It shouldn't have happened.
615
00:32:44,166 --> 00:32:46,800
We tried to avoid
injury to anyone."
616
00:32:47,333 --> 00:32:49,567
He said,
"I can't live with myself
617
00:32:49,734 --> 00:32:51,834
knowing what I've
done to your family."
618
00:32:52,233 --> 00:32:54,333
Still, Maryam's
family wondered
619
00:32:54,500 --> 00:32:57,200
if there would be
justice for her death.
620
00:32:59,433 --> 00:33:00,867
[door slamming]
621
00:33:06,834 --> 00:33:07,867
[door slamming]
622
00:33:09,266 --> 00:33:10,433
Welcome back.
623
00:33:10,600 --> 00:33:12,934
A crime spree that began
with the theft of a vehicle
624
00:33:13,100 --> 00:33:15,667
ended with
a deadly gas-and-dash.
625
00:33:16,000 --> 00:33:17,834
Witness accounts,
surveillance video,
626
00:33:18,000 --> 00:33:20,767
and forensic evidence
all pointed to one person.
627
00:33:21,333 --> 00:33:25,100
But was this an unintentional
killing or was it murder?
628
00:33:27,333 --> 00:33:29,033
Here, now, is Nancy Hixt
629
00:33:29,200 --> 00:33:32,700
with the conclusion
of "A Fatal Decision".
630
00:33:38,000 --> 00:33:40,100
[Hixt] Maryam Rashidi
and her husband,
631
00:33:40,266 --> 00:33:42,066
Ahmad Nourani Shallo,
632
00:33:42,233 --> 00:33:44,033
came to Calgary from Iran
633
00:33:44,200 --> 00:33:46,367
to build a better
life for their son.
634
00:33:46,767 --> 00:33:48,867
But just months
after they arrived,
635
00:33:49,033 --> 00:33:53,066
she was killed as she tried
to stop a gas-and-dash.
636
00:33:53,767 --> 00:33:56,266
He speaks about his mom,
637
00:33:56,433 --> 00:34:02,333
and, yeah, he says to me,
"Dad, I miss Mom."
638
00:34:03,166 --> 00:34:04,667
[cameras clicking]
639
00:34:06,066 --> 00:34:07,967
[Hixt] Charges against
Joshua Mitchell
640
00:34:08,133 --> 00:34:11,300
were upgraded
to second-degree murder.
641
00:34:11,967 --> 00:34:15,734
And in April of 2017,
he stood trial.
642
00:34:15,900 --> 00:34:17,834
[Hak] The defence had offered
a plea to manslaughter,
643
00:34:18,000 --> 00:34:19,433
but the Crown rejected it
644
00:34:19,600 --> 00:34:22,500
on the basis that there
was a compelling argument
645
00:34:22,667 --> 00:34:25,734
that the requisite intent
for murder was present.
646
00:34:25,900 --> 00:34:28,333
There couldn't really
have been more evidence
647
00:34:28,500 --> 00:34:32,834
other than if the truck itself
had a dash cam video recorder,
648
00:34:33,000 --> 00:34:37,300
because we had video
of the crime being committed,
649
00:34:37,467 --> 00:34:40,433
the theft of the fuel, and
the truck being driven away.
650
00:34:40,600 --> 00:34:43,567
We had witnesses
providing information
651
00:34:43,734 --> 00:34:45,800
as to what
occurred on 16th Avenue
652
00:34:45,967 --> 00:34:47,767
and what Maryam Rashidi did.
653
00:34:47,934 --> 00:34:50,233
We had evidence
from inside the truck
654
00:34:50,400 --> 00:34:55,400
as to what was being said and
the mindset of Joshua Mitchell.
655
00:34:55,567 --> 00:34:57,934
And so we had
everything that we needed,
656
00:34:58,100 --> 00:35:00,500
and therefore,
a very compelling case
657
00:35:00,667 --> 00:35:02,266
to put before the jury.
658
00:35:03,233 --> 00:35:05,734
[Hixt] One by one,
witnesses described
659
00:35:05,900 --> 00:35:09,467
the chaotic and devastating
scene to jurors.
660
00:35:09,867 --> 00:35:12,300
Two or three times he lurched,
661
00:35:12,467 --> 00:35:14,567
and then she lost her footing.
662
00:35:15,600 --> 00:35:18,500
[Reece] It was just such a big
vehicle, it was so big.
663
00:35:19,033 --> 00:35:20,700
It could only
end one way, yeah.
664
00:35:21,166 --> 00:35:23,667
[Hixt] The passenger
in Mitchell's stolen truck
665
00:35:23,834 --> 00:35:26,700
was also a key
witness in the trial.
666
00:35:27,066 --> 00:35:28,667
[Hak]
He provided some background
667
00:35:28,834 --> 00:35:30,400
on going into the Centex,
668
00:35:30,567 --> 00:35:35,066
but most importantly,
he spoke about what was said
669
00:35:35,433 --> 00:35:40,600
between him and Mitchell
in the truck after the theft,
670
00:35:40,767 --> 00:35:44,667
and he also spoke
about what he could hear
671
00:35:45,400 --> 00:35:50,233
the victim, Ms. Rashidi,
saying outside of the vehicle.
672
00:35:50,400 --> 00:35:54,467
He saw the look
of fear on her face,
673
00:35:54,633 --> 00:35:57,367
and he could
also relate to the jury
674
00:35:57,533 --> 00:36:01,233
what it was that Mitchell
was saying to her,
675
00:36:01,400 --> 00:36:04,767
you know, "Get off the truck",
so that he could get away.
676
00:36:05,166 --> 00:36:07,600
So he provided,
if I can put it this way,
677
00:36:07,767 --> 00:36:10,300
he provided colour commentary
678
00:36:10,467 --> 00:36:13,734
for what occurred once
the theft had been committed
679
00:36:13,900 --> 00:36:17,767
up to and including the time
Maryam Rashidi was run over.
680
00:36:18,967 --> 00:36:20,633
[Hixt] Mitchell's own
confession
681
00:36:20,800 --> 00:36:22,066
was played in court.
682
00:36:30,600 --> 00:36:33,433
It wasn't probably
as the prosecution wanted,
683
00:36:33,600 --> 00:36:37,200
that his attempts to knock her
off the vehicle
684
00:36:37,834 --> 00:36:39,734
showed an intention
to harm her.
685
00:36:40,400 --> 00:36:42,033
I think it was
quite the opposite.
686
00:36:42,200 --> 00:36:44,567
It showed an intention,
look, I don't want to harm you,
687
00:36:44,734 --> 00:36:46,867
so I'm trying to get you
off this thing.
688
00:36:47,033 --> 00:36:49,166
[Hixt] Defence conceded
Mitchell stole
689
00:36:49,333 --> 00:36:51,533
the Ford F-350 truck
690
00:36:51,700 --> 00:36:54,667
he was driving when
Maryam Rashidi was run over.
691
00:36:54,834 --> 00:36:59,667
He was very proud of having
that particular stolen truck.
692
00:36:59,834 --> 00:37:01,200
It had a lot of power,
693
00:37:01,367 --> 00:37:04,533
and he spoke a lot about
how powerful the truck was,
694
00:37:04,700 --> 00:37:07,433
and he certainly
drove it that day in a way
695
00:37:07,600 --> 00:37:10,266
that suggested
he knew how much power it had,
696
00:37:10,433 --> 00:37:14,367
which made his use
of that vehicle as a weapon
697
00:37:14,533 --> 00:37:15,800
all the more aggravating.
698
00:37:16,266 --> 00:37:20,800
[Hixt] He also admitted to the
theft of $113 worth of fuel,
699
00:37:20,967 --> 00:37:22,900
and the charge of hit and run,
700
00:37:23,066 --> 00:37:27,567
but defence insisted it was
manslaughter, not murder.
701
00:37:27,734 --> 00:37:30,266
However, the prosecution
told jurors
702
00:37:30,433 --> 00:37:33,033
Maryam's death
was no accident,
703
00:37:33,567 --> 00:37:35,100
and said Mitchell
had the power
704
00:37:35,266 --> 00:37:37,600
of life and death over her,
705
00:37:37,767 --> 00:37:39,200
and he chose death.
706
00:37:40,066 --> 00:37:42,600
[Hak] But the jury had
a very difficult decision.
707
00:37:42,767 --> 00:37:47,333
The jury could easily
find that Joshua Mitchell,
708
00:37:47,700 --> 00:37:52,433
by driving the way he did,
intended to cause bodily harm,
709
00:37:52,600 --> 00:37:54,467
knowing that death
was a likely result,
710
00:37:54,633 --> 00:37:57,533
and was reckless as to
whether or not death ensued,
711
00:37:57,700 --> 00:38:01,133
because he was clearly going
to get her off the vehicle
712
00:38:01,300 --> 00:38:04,300
no matter
what the consequences.
713
00:38:05,500 --> 00:38:10,166
Conversely, the jury
also had a compelling argument
714
00:38:10,333 --> 00:38:12,266
that he wasn't really
trying to hurt her.
715
00:38:12,433 --> 00:38:15,467
He just wanted her
to get off the vehicle,
716
00:38:15,633 --> 00:38:17,367
and that's what they would
have struggled with
717
00:38:17,533 --> 00:38:19,100
in the jury room,
718
00:38:19,266 --> 00:38:23,633
the Crown's theory of intent
and the defence's theory
719
00:38:23,800 --> 00:38:27,200
that this was
an unintentional event.
720
00:38:27,367 --> 00:38:30,133
And I think because
he was still a young man
721
00:38:30,300 --> 00:38:33,700
and really looked like a young
man in the prisoner's dock,
722
00:38:33,867 --> 00:38:36,166
that would have
weighed heavily on the jury.
723
00:38:36,333 --> 00:38:38,166
He certainly wasn't
a hardened criminal,
724
00:38:38,333 --> 00:38:40,266
nor did he look like
a hardened criminal.
725
00:38:41,166 --> 00:38:43,767
The jury is now
at a hotel for the night.
726
00:38:43,934 --> 00:38:45,934
They deliberated
for nearly six hours
727
00:38:46,100 --> 00:38:48,133
after hearing
closing arguments from
728
00:38:48,300 --> 00:38:50,100
both the Crown and defence.
729
00:38:50,266 --> 00:38:51,734
They are tasked with deciding
730
00:38:51,900 --> 00:38:56,000
if the death of Maryam Rashidi
was manslaughter or murder.
731
00:38:56,166 --> 00:38:58,033
[Hixt]
Ten and a half hours later,
732
00:38:58,200 --> 00:39:00,200
they reached a verdict.
733
00:39:00,667 --> 00:39:02,567
A Calgary man has been
convicted of manslaughter
734
00:39:02,734 --> 00:39:04,667
in a fatal gas-and-dash case.
735
00:39:04,834 --> 00:39:08,734
Joshua Mitchell admitted
stealing $113 worth of gas,
736
00:39:08,900 --> 00:39:11,600
and running over and killing
a gas station attendant.
737
00:39:11,767 --> 00:39:15,633
Tonight, her widower says
justice has not been served.
738
00:39:15,800 --> 00:39:17,667
Nancy Hixt
is live at the courthouse,
739
00:39:17,834 --> 00:39:20,100
and Nancy, the Crown
wanted second-degree murder.
740
00:39:20,266 --> 00:39:21,467
The jury,
though, found Mitchell
741
00:39:21,633 --> 00:39:23,166
guilty of the lesser charge.
742
00:39:23,567 --> 00:39:25,734
Gord, several of the jurors
were in tears
743
00:39:25,900 --> 00:39:27,934
as the decision
was delivered today.
744
00:39:28,100 --> 00:39:29,700
This was quite
obviously a very difficult
745
00:39:29,867 --> 00:39:31,367
decision for them to make,
746
00:39:31,533 --> 00:39:32,700
and in the end they found
747
00:39:32,867 --> 00:39:35,066
that this was manslaughter,
not murder.
748
00:39:35,233 --> 00:39:36,700
That comes down to intent,
749
00:39:36,867 --> 00:39:38,633
and the jury
didn't believe Mitchell
750
00:39:38,800 --> 00:39:40,567
intended to kill Rashidi.
751
00:39:41,166 --> 00:39:43,233
[Hixt] Rashidi's husband was
devastated to hear
752
00:39:43,400 --> 00:39:45,166
the verdict,
and told Global News...
753
00:39:54,066 --> 00:39:56,300
I think people
mistakenly believe
754
00:39:56,467 --> 00:39:58,233
that being a juror is easy.
755
00:39:58,400 --> 00:40:00,033
It's really hard
when you have to sit
756
00:40:00,200 --> 00:40:02,300
in judgment
of a fellow citizen,
757
00:40:02,467 --> 00:40:04,300
and it was clearly
very difficult for
758
00:40:04,467 --> 00:40:05,967
this jury to do what they did.
759
00:40:06,500 --> 00:40:09,533
[Hixt] Mitchell again
apologized to Maryam's family,
760
00:40:09,700 --> 00:40:12,900
and said if he could trade
places with her, he would.
761
00:40:15,266 --> 00:40:17,600
Her brother and mother
had traveled from Iran
762
00:40:17,767 --> 00:40:19,567
to attend his sentencing,
763
00:40:19,734 --> 00:40:23,033
and heard his expression
of remorse firsthand.
764
00:40:23,734 --> 00:40:25,567
[speaking another language]
765
00:40:25,734 --> 00:40:28,600
[sister] We couldn't be for
the trial before here,
766
00:40:28,767 --> 00:40:32,200
but we did all the best
to come here for this day
767
00:40:32,900 --> 00:40:35,633
to show Maryam
that we support him, and...
768
00:40:36,400 --> 00:40:38,200
and we wanted
to be for her here.
769
00:40:40,300 --> 00:40:43,767
The court imposed
a sentence of 11 years,
770
00:40:43,934 --> 00:40:46,100
consisting of 10 years
for the manslaughter,
771
00:40:46,266 --> 00:40:48,700
concurrent sentences
for the lesser offenses,
772
00:40:48,867 --> 00:40:51,166
and one year consecutive
for the hit and run,
773
00:40:51,333 --> 00:40:53,867
and then a lifetime
driving prohibition.
774
00:40:54,767 --> 00:40:56,233
[Hixt] Mitchell appealed,
775
00:40:56,400 --> 00:41:00,333
and the driving prohibition
was reduced to 10 years.
776
00:41:00,734 --> 00:41:04,066
So that he would have some hope
of rehabilitation in the future
777
00:41:04,233 --> 00:41:06,533
and some hope
of getting on in society.
778
00:41:06,934 --> 00:41:10,400
And it just seemed
to me that he was likely
779
00:41:10,567 --> 00:41:11,900
going to be
someone whose shadow
780
00:41:12,066 --> 00:41:15,100
would never darken
a courthouse door again.
781
00:41:16,333 --> 00:41:18,533
[leader speaking
another language]
782
00:41:18,700 --> 00:41:21,867
[Hixt] A graveside service
was held following the trial,
783
00:41:22,033 --> 00:41:25,033
on Mother's Day of 2017.
784
00:41:25,200 --> 00:41:27,266
She felt something
wrong was happening,
785
00:41:27,433 --> 00:41:28,800
and she was
trying to correct it.
786
00:41:34,700 --> 00:41:37,266
Yeah, it happened
right around here.
787
00:41:37,433 --> 00:41:40,166
[Hixt] Maryam's death
continues to impact
788
00:41:40,333 --> 00:41:44,100
the witnesses and police
officers who investigated
789
00:41:44,266 --> 00:41:45,834
the deadly hit and run.
790
00:41:46,000 --> 00:41:47,700
I think about it
every time I drive by.
791
00:41:47,867 --> 00:41:49,467
I'll look in the parking lot,
792
00:41:49,633 --> 00:41:51,633
and I can sometimes see
the truck,
793
00:41:51,800 --> 00:41:54,266
driving through
the parking lot quite fast.
794
00:41:54,433 --> 00:41:56,100
I look at things
a bit differently now.
795
00:41:56,266 --> 00:41:57,533
At first glance,
this looks like,
796
00:41:57,700 --> 00:41:59,800
you know,
this is a horrible thing.
797
00:41:59,967 --> 00:42:02,734
That person should, you know,
justice should be served.
798
00:42:02,900 --> 00:42:04,233
I don't know,
I found a bit of compassion,
799
00:42:04,400 --> 00:42:05,533
I think, for the offender.
800
00:42:05,700 --> 00:42:09,200
I really did, and I think
there is room for both.
801
00:42:09,367 --> 00:42:15,900
I think there is room for...
compassion for both.
802
00:42:17,166 --> 00:42:18,967
Yeah, sorry,
it's really emotional.
803
00:42:19,834 --> 00:42:22,934
In our office, we had
the front page of the Sun,
804
00:42:23,100 --> 00:42:27,000
which showed
Maryam with the title,
805
00:42:27,467 --> 00:42:29,500
"She died for $113."
806
00:42:30,700 --> 00:42:32,200
It serves
as a constant reminder
807
00:42:32,367 --> 00:42:36,200
for the team that I lead.
808
00:42:36,367 --> 00:42:38,333
That's why we do what we do.
809
00:42:38,500 --> 00:42:40,033
We can speak for the victims.
810
00:42:40,200 --> 00:42:42,133
We can speak for the family.
811
00:42:42,600 --> 00:42:46,166
We can answer the who,
what, when, where,
812
00:42:46,333 --> 00:42:48,433
hopefully
the why for the families.
813
00:42:51,166 --> 00:42:53,266
[Hixt] But no one
was more impacted
814
00:42:53,433 --> 00:42:55,300
than her husband and son.
815
00:42:58,734 --> 00:43:02,233
They left Calgary
shortly after she was killed.
816
00:43:02,400 --> 00:43:06,633
He said it was simply too hard
to be in the city without her.
817
00:43:06,800 --> 00:43:09,000
Ahmad eventually remarried.
818
00:43:09,166 --> 00:43:12,500
His new wife
became a mother to Koroosh.
819
00:43:13,166 --> 00:43:16,834
But this case took
another devastating turn.
820
00:43:17,000 --> 00:43:20,533
They had planned to return
to visit Maryam's grave.
821
00:43:20,700 --> 00:43:23,100
But on the drive from B.C.
to Calgary,
822
00:43:23,266 --> 00:43:26,200
on the Trans-Canada Highway
near Golden,
823
00:43:26,367 --> 00:43:30,133
Ahmad, his new wife,
and Koroosh were involved
824
00:43:30,300 --> 00:43:32,266
in a tragic car crash.
825
00:43:32,700 --> 00:43:36,066
Exactly two years
after losing his mother,
826
00:43:36,233 --> 00:43:40,266
Maryam's little boy
witnessed his father's death.
827
00:43:42,133 --> 00:43:44,000
Again, you've
got family who come
828
00:43:44,166 --> 00:43:46,000
to Canada for a better life.
829
00:43:47,967 --> 00:43:51,700
And both parties, or mom
and dad, husband, wife,
830
00:43:53,033 --> 00:43:56,500
are killed in two
separate collisions.
831
00:43:56,667 --> 00:44:01,367
Losing one parent in a traffic
collision is-- is horrific.
832
00:44:01,533 --> 00:44:04,767
But then to lose both parents?
833
00:44:04,934 --> 00:44:07,200
Yeah, it's--
the whole situation
834
00:44:07,367 --> 00:44:09,700
is just, it's horrible.
835
00:44:09,867 --> 00:44:11,467
I mean, it really is horrible.
836
00:44:13,367 --> 00:44:15,233
[Hixt]
Since the death of his father,
837
00:44:15,400 --> 00:44:17,300
Koroosh and his stepmother
838
00:44:17,467 --> 00:44:19,533
have built a new life
together.
839
00:44:19,934 --> 00:44:22,900
She continues to honour
what Ahmad and Maryam
840
00:44:23,066 --> 00:44:25,233
had always
wanted for their son,
841
00:44:25,400 --> 00:44:27,633
to be raised in Canada.
842
00:44:31,033 --> 00:44:32,834
[Robart]
A law requiring motorists
843
00:44:33,000 --> 00:44:34,700
to pay before they pump
844
00:44:34,867 --> 00:44:37,567
came into effect
in Alberta in 2018,
845
00:44:37,734 --> 00:44:41,233
three years after
Maryam Rashidi was killed.
846
00:44:41,400 --> 00:44:45,333
Joshua Mitchell was released
on day parole in 2020.
847
00:44:45,500 --> 00:44:48,900
Six months later,
he was granted full parole.
848
00:44:49,066 --> 00:44:51,100
Maryam's son
is an honour student,
849
00:44:51,266 --> 00:44:54,400
and graduates from
high school in 2027.
850
00:44:56,100 --> 00:44:58,100
Thank you for joining
us tonight on Crime Beat.
851
00:44:58,266 --> 00:44:59,467
I'm Antony Robart.
852
00:45:01,300 --> 00:45:03,000
Want more episodes of
Crime Beat?
853
00:45:03,166 --> 00:45:05,200
Listen to
the Crime Beat podcast,
854
00:45:05,367 --> 00:45:07,567
now for free
on Apple Podcasts,
855
00:45:07,734 --> 00:45:10,967
Spotify or wherever you find
your favourite podcast.
856
00:45:11,133 --> 00:45:13,400
And for past
episodes of Crime Beat,
857
00:45:13,567 --> 00:45:17,400
go to the Global TV app,
visit GlobalTV.com
858
00:45:17,567 --> 00:45:20,867
or check out
our Crime Beat YouTube page.
859
00:45:21,967 --> 00:45:25,000
♪