Crown prosecutors in the Joshua Mitchell murder case say that the young man intended to kill a gas station attendant when she tried to stop him from stealing $113 worth of gas but the defence says he was unable to avoid hitting the employee.
Mitchell is accused of killing Maryam Rashidi Ashtiani, who was working as a gas station attendant at a Centex station on 16 Avenue N.W. in June 2015 after the employee attempted to stop the driver for failing to pay after filling the truck.
Ashtiani chased the truck and jumped onto the hood in an attempt to get the driver to stop, but she was run over and killed.
During final arguments on Thursday, Crown prosecutor Jonathan Hak said it's clear that Mitchell intended to kill her but the defence said the driver was unable to avoid striking the victim as she jumped in front of the truck several times.
The defence says Mitchell is guilty of several offences including hit and run, theft of fuel and possession of a stolen motor vehicle but they are fighting the murder charge. A jury comprised of seven women and five men will need to determine if Mitchell is guilty of murder or the lesser charge of manslaughter.
The jury was sequestered Thursday afternoon and a verdict was not reached by Thursday evening. Jurors will resume their discussions Friday morning. Depending on the verdict, Mitchell could be in jail without a chance of parole for decades or face a shorter period of probation.
