Defence admits Dale King fired the shot that struck 'Good Samaritan' Al-Hasnawi

The defenceforDale Burningsky Kingis admitting that he was the one who fired the bullet that struckGood Samaritan Yosif Al-Hasnawi, in December2017.

King's trial on a charge of second-degree murder in the fatal shooting began Wednesday at Hamilton's John Sopinka Courthouse with an opening statement from the Crown and the first witnesses.

But the legal issue of identity is no longer on the table in the Superior Court trial.Both the Crown and the defence agree that Kingshot his gun and the bullet struck Al-Hasnawi in the lower abdomen, piercing a major artery and vein.

In an agreed statement of facts, the jury heard that King was in possession of a .22 calibre Derringer handgun on Dec. 2, 2017 the day of the shooting.They also heard that Kinghad purchased this gun for his personal security and carried itdaily in the weeks leading up to this day.

The mother of Al-Hasnawigavea short sob asassistant Crown attorney Brian Adsettread her son's time of death just before 10 p.m. in the opening statement.

In his openingstatement, Adsettsays that on the night of the shooting, Al-Hasnawi, a 19-year-old Brock University student, stepped outside a Main Street East mosque with his brother and two other boys, andcould hear two people making funof a man for how he was walking.

When Al-Hasnawiyelled across to them to find out what they were doing,according to Adsett, the two people, King and Matheson turned their attention to the group.

The Crown said that King "flashed a small silver handgun as he spoke" and thatMatheson "sucker-punched" Al-Hasnawi, who then chased after them, followed by his brother and another boy.

The confrontation led to Al-Hasnawi being shot. Paramedics responded, although two of them StevenSnively of Hamilton andChristopherMarchant are charged with failing to provide the necessaries of life. They'll face trial in January.

During the proceedings, King, now 21 and dressedin a white button-down dress shirt,mostly looked straight ahead, with the exception of a small wave to what appeared to be some family members.

Ambulance delay 'abnormal' says doctor

The first witness Wednesday wasDr. Andrew Healey, an emergency room doctor at St. Joseph's hospitalwhere Al-Hasnawi was transported.

Healeyspoke about two calls received from the paramedics who attended the scene. The first call reported that they had a confused patient, Al-Hasnawi,with a fast heartbeat who was believed to have been shot by a BB gun.

The second call reported that the patienthad become more confused,had a falling heart rate, and become unresponsive.

Healey added that this changewas a "pre-mortal event something that happens before you die."

WhenAl-Hasnawiarrived at the hospital, Healey said he had no pulse. He also said that Al-Hasnawi's chances of survival were in the "single digit percentage."

While the ambulance arrived at the scene at 9:01 p.m., it didn't leave until 9:30 p.m.

According to Healey, Al-Hasnawi did not get into his careat St. Joseph's, "the backup trauma centre", until 9:39 p.m.

Healey noted that bringing Al-Hasnawi to St. Joseph's, as well as the delay in time, was"atypical." He could not confirm whether Hamilton General Hospital was closer or fartherfromwhere Al-Hasnawi was shot.

But the delay was pronounced enough for him to ask the medical director of emergency services, Dr. MichelleWelsford, to review the case, along with why the victim was sent to St. Joseph's.Inthe past 15 years working in Hamilton, Healey has asked for similar reviews onlythree times, including this one.

Healey emphasized that since he is not a paramedic, hewould not assume an understanding of the scene, as it would be unfair to them.

Defence lawyer Jonathan Shime also asked Healey about his call for blood, which never came, and whether it would have made a difference in Al-Hasnawi's survival.Healey said that while he intended to give Al-Hasnawi blood regardless, he didn't know if it would have helped.

Confusion at scene

The first officer on the scene, Officer Michael Zezella, also gave testimony. He spoke about receiving a call for possible shots fired and arriving about a minute later to a circle of witnesses gathered around Al-Hasnawias he lay on the sidewalk.

ThoughAl-Hasnawi was conscious, Zezella said that he did not speak.Heplaced him in the recovery position aswitnesses attempted to explain his stomach wound, naming causes including aBB gun,firework, anda real gun.

When the officer looked for an exit wound, he didn't find one. The only blood at the scene wasfrom a "small puncture wound" on Al-Hasnawi'sabdomen, which was onhisfingertips, waistband and shoes.

Zezella did not find a bullet casing, or a weapon, during a search of the scene later on.

Video shows pursuit

The jury also watched two video sequences of surveillance footage gathered by police from around the mosque and along Sanford Avenue.

Some clips show King and JamesMatheson, who has pleaded guilty to obstruction of justice and is now out on probation,walking on Main Street behind a man holding a shopping bag, and includes a moment when the two cross the street to the mosque.

Others show the pair walking by a convenience store near where Al-Hasnawi was later shot. Eventually two different boys run into the store. Footage from the inside shows a young boy wildly gesturing and conversing with a man behind the counter.

In the Crown's opening statement, he states that Al-Hasnawi's younger brother Ahmed "ran back to the conveniencestore for help as his brother lay down on the sidewalk, clutching his stomach."

The next clip shows someone running, presumablyout of thestore and across the street. Two police cruisers pull up.

Grainier footage from cameras alongSanford Ave. shows two people running and followed by three others before the shooting.The Crown and defence agree thatAl-Hasnawi pursued King and Matheson, and was followed by two other people.

Footage also shows Kingrunning down various alleys, minutes after Al-Hasnawi was shot.

Around an hour and a half later, King is shown meeting up with Matheson and another unnamed person, who had stoppedfor beer at Mighty Mike's pub downtown Hamilton. After King arrives, a few minutes pass,and the group leaves.

On Thursday, the court will hear from Al-Hasnawi's younger brother Ahmed and one of the twin brothers who were outside of the mosque with them,Haider Ameer.