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Accused murderer Eriklit Musollari was caught “in the eye of a storm” and feared for his own life when he shot and killed parolee Peyman Hatami, defence lawyer Michael Smith told an Ottawa jury Wednesday.
Smith described a scenario in which 31-year-old Hatami, a man with a history of violence, was beating Musollari while the small-time drug dealer sat in the passenger seat of a customer’s car.
Hatami wasn’t content to grab Musollari’s phone, said Smith, but when he saw the handgun attempted to grab it too.
According to evidence, Hatami and convicted drug dealer Mustafa (Mousi) Waili descended on Musollari after they had warned him to stop dealing drugs in their area.
Waili had broken Musollari’s nose in an earlier confrontation.
One of Hatami’s prison-release conditions was to have no contact with Waili.
Smith urged the jury to consider what Hatami and Waili would have done if they had managed to get Musollari’s gun.
“If they had got their hands on that gun,” he told jurors, “you would have been reading about Eriklit Musollari being shot. Put yourself in Erik’s shoes and ask yourself what you would have done.”
Musollari, who was 22 at the time of the March 2012 shooting at a Hog’s Back area parking lot, was a small-time dealer who got embroiled in a violent subculture and was in “way over his head,” said Smith.
“This is not a violent guy,” he said of the the accused man, now 24. “He is not confrontational. His was the highest level of fear. You want to get out of there but you can’t move.”
Musollari testified last week that when Hatami began beating him through the half-open window he became terrified and accidentally shot him.
He said he always carried a gun in the waist band of his pants with the safety catch off
Musollari, an Albanian, arrived illegally in Canada more than four years ago.
He had been living with family and studying in the Detroit area since 2008 shortly after fleeing what he said was an inter-family “blood feud” in Albania.
After twice being denied a Canadian visa, Musollari crossed the U.S.-Canada border in the trunk of a small car and applied for refugee status.
The trial is continuing with a final submission to the jury from Crown prosecutor Julie Scott.
ccobb@ottawacitizen.com
twitter.com/chrisicobb
查看原文...
Smith described a scenario in which 31-year-old Hatami, a man with a history of violence, was beating Musollari while the small-time drug dealer sat in the passenger seat of a customer’s car.
Hatami wasn’t content to grab Musollari’s phone, said Smith, but when he saw the handgun attempted to grab it too.
According to evidence, Hatami and convicted drug dealer Mustafa (Mousi) Waili descended on Musollari after they had warned him to stop dealing drugs in their area.
Waili had broken Musollari’s nose in an earlier confrontation.
One of Hatami’s prison-release conditions was to have no contact with Waili.
Smith urged the jury to consider what Hatami and Waili would have done if they had managed to get Musollari’s gun.
“If they had got their hands on that gun,” he told jurors, “you would have been reading about Eriklit Musollari being shot. Put yourself in Erik’s shoes and ask yourself what you would have done.”
Musollari, who was 22 at the time of the March 2012 shooting at a Hog’s Back area parking lot, was a small-time dealer who got embroiled in a violent subculture and was in “way over his head,” said Smith.
“This is not a violent guy,” he said of the the accused man, now 24. “He is not confrontational. His was the highest level of fear. You want to get out of there but you can’t move.”
Musollari testified last week that when Hatami began beating him through the half-open window he became terrified and accidentally shot him.
He said he always carried a gun in the waist band of his pants with the safety catch off
Musollari, an Albanian, arrived illegally in Canada more than four years ago.
He had been living with family and studying in the Detroit area since 2008 shortly after fleeing what he said was an inter-family “blood feud” in Albania.
After twice being denied a Canadian visa, Musollari crossed the U.S.-Canada border in the trunk of a small car and applied for refugee status.
The trial is continuing with a final submission to the jury from Crown prosecutor Julie Scott.
ccobb@ottawacitizen.com
twitter.com/chrisicobb
查看原文...
