The fate of the man accused of killing Calgary mother Maryam Rashidi will remain in the hands of the jury into Friday.
After nearly six hours of deliberations, the jury ended for the night at 9 p.m. They will resume Friday morning at 9 a.m.
Joshua Mitchell is charged with second-degree murder in Rashidi’s death.
The 12 jurors began deliberating at 3:20 p.m. Thursday following detailed instructions from Queen’s Bench Justice Alan Macleod.
Rashidi died after being run over in an alleged gas-and-dash hit-and-run on June 7, 2015.
READ MORE: Confession by accused killer Joshua Mitchell played in fatal gas-and-dash case
“This is not a whodunnit,” Crown prosecutor Jonathan Hak told the jury in his closing argument, suggesting they should have no difficulty finding Mitchell guilty of possession of stolen property (truck), theft of $113 worth of fuel, and hit and run.
Defence lawyer Kim Ross agreed.
“I invite you to find Mr. Mitchell guilty of those offences,” Ross told the jury.
Ross went on to concede Mitchell, 22, is guilty of manslaughter, but argued he is not guilty of murder.
“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.”
Ross added Mitchell didn’t have a lot of time to think about what he was going to do, suggesting the incident unfolded very quickly.
But the Crown maintains this was no accident.
“Did he want her to die? I suggest the answer is no…but that doesn’t alleviate him of responsibility for murder,” Hak told the jury, “he made the decision to drive through, and over her.”
Hak reminded the jury of the letter Mitchell wrote to loved ones of Rashidi, which read in part: “I’m really sorry this had to happen to your family.”
“Nothing ‘had’ to happen,” Hak said.
“Was it wise for Maryam to run after the truck? No, it was only money after all,” he continued, “she saw a wrong and tried to right it.”
Hak pointed at 10 witness accounts, evidence from the passenger in the truck, Braydon Brown, along with Mitchell’s own words when interviewed by Calgary police.
The prosecution maintains Mitchell should be found guilty of murder.
“He had the power of life and death over Maryam, and he chose death.”
Justice Alan Macleod will give final instructions to the jury later Thursday afternoon and then deliberations will begin.
The jury is made up of seven women and five men.
Rashidi was working her fourth shift as a gas attendant at the Centex on 16 Avenue N.W. the day she was hit.
READ MORE: Joshua Mitchell trial: passenger testifies about fatal Calgary gas and dash
Rashidi took the job after both she and her husband were laid off as engineers at Calgary oil and gas companies.
The jury is made up of seven women and five men.
Deliberations will continue until 9 p.m. Thursday, unless a verdict is reached before then.
Watch below: Ongoing coverage of Joshua Mitchell’s second-degree murder trial
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