Joshua Mitchell guilty of manslaughter in fatal Calgary gas-and-dash hit and run

The jury has found Joshua Mitchell not guilty of the second-degree murder of Calgary mother Maryam Rashidi, instead convicting him of the lesser offence of manslaughter.

The jury also found Mitchell guilty of hit and run, theft of fuel and possession of stolen property (truck).

The victim’s husband, Ahmad Nourani Shallo, told Global News Friday he’s devastated by the news.

“He could have prevented this accident… but he did not do that.”

He said he worries what he will tell his son one day when he asks what happened.

“I feel like justice was not served. I am very disappointed… We immigrated to live not to die.”

Tweet This Click to share quote on Twitter: "I feel like justice was not served. I am very disappointed… We immigrated to live not to die."

The 12 jurors deliberated for approximately 10.5 hours before coming back with the verdict early Friday afternoon. Several jurors cried as the verdicts were read in court.

“I think people mistakenly believe being a juror is easy. It’s really hard when you have to sit in judgement of a fellow citizen and it was clearly very difficult for this jury to do what they did,” prosecutor Jonathan Hak told the media following the verdict.

READ MORE: Fate of man charged in fatal gas-and-dash hit-and-run in hands of jury 

Rashidi died after being run over June 7, 2015.

She was working at the Centex on 16 Avenue in northwest Calgary, and ran after a truck that took off without paying for $113 worth of fuel.

READ MORE: ‘She was the best thing I had’: Husband mourns hit-and-run victim

The 12 jurors deliberated for nearly six hours Thursday, following detailed instructions from Queen’s Bench Justice Alan Macleod.

Defence lawyer Kim Ross said Mitchell was pleased with the outcome of the trial.

“Obviously I’m very happy. I think this was the right verdict and obviously made the right findings of fact and it’s certainly my view they came to the right conclusion,” Ross said.

Tweet This Click to share quote on Twitter: "Obviously I'm very happy. I think this was the right verdict and obviously made the right findings of fact and it's certainly my view they came to the right conclusion," Ross said.

Macleod dismissed the jurors Friday afternoon with, “thank you from the bottom of my heart for your service.”

The jury had been tasked with deciding if the death of Rashidi was murder or manslaughter.

Ross previously admitted Mitchel was guilty of the lesser offence of manslaughter, but argued the 22-year-old didn’t have the specific intent to kill.

“He didn’t have the specific intent to kill,” Ross said.

“The evidence is clear he was trying to avoid Rashidi. He was not trying to kill her.”

Tweet This Click to share quote on Twitter: "The evidence is clear he was trying to avoid Rashidi. He was not trying to kill her."

READ MORE: Confession by accused killer Joshua Mitchell played in fatal gas-and-dash case

But the Crown maintained this was no accident, and told the jury Mitchell should be found guilty of murder.

“Did he want her to die? I suggest the answer is no… but that doesn’t alleviate him of responsibility for murder,” prosecutor Jonathan Hak told the jury.

Tweet This Click to share quote on Twitter: "Did he want her to die? I suggest the answer is no… but that doesn't alleviate him of responsibility for murder," prosecutor Jonathan Hak told the jury.

“He made the decision to drive through, and over her.”

“He had the power of life and death over Maryam, and he chose death.”

READ MORE: Calgary gas-and-dash death raises questions, renews calls for new law

The jury is made up of seven women and five men.

The case has now been put over until May 12 as the defence takes time to decide if they will request pre-sentence reports.

A date for sentencing has not yet been set.