Man charged in shooting death of Yosif Al-Hasnawi will plead not guilty

A preliminary hearing for the Hamilton teen charged in the fatal shooting of Yosif Al-Hasnawi is tentatively scheduled for October.
Yosif Al-Hasnawi, 19, was shot and killed in Hamilton in December. Dale Burningsky King is charged with second-degree murder, and had a brief court appearance by video link Wednesday. (Al-Mostafa Islamic Centre)

A Hamilton teen charged in the fatal shooting of Yosif Al-Hasnawi plans to plead not guilty, and has a preliminary hearing tentatively scheduled for October.

Dale Burningsky King, 19, appeared in Hamilton court by video on Wednesday.

The court heard that King and his lawyer, Owen Goddard of Toronto, are planning for a preliminary hearing this fall. King, who is being held at the Niagara Detention Centre in Thorold, will be back in court April 3 to formally set a hearing date.

At a preliminary hearing, the court decides if there's enough evidence for the accused to stand trial. Goddard told CBC News that King will plead not guilty.

King faces a second-degree murder charge in the death of Al-Hasnawi, a so-called "Good Samaritan" who was shot and killed near his central Hamilton mosque Dec. 2.

Police say Al-Hasnawi intervened on an older man being "accosted" by two people. That turned the attention to Al-Hasnawi, who was shot a short distance away.

Al-Hasnawi, who was studying medical sciences at Brock University with an aim to be a doctor, was with his younger brother at the time.

His father and brothers have since filed a lawsuit against paramedics, police and St. Joseph's Healthcare.

Bystanders on Dec. 2 told CBC News that paramedics told Al-Hasnawi he was faking his injury, and that he'd been shot with a pellet gun.

Police say 38 minutes passed from the time paramedics arrived on scene until the ambulance left for the hospital.

A judicial pre-trial will start in King's case on March 29.

James Matheson, 20, is charged with accessory after the fact to murder.

About the Author

Samantha Craggs

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Samantha Craggs is a CBC News reporter based in Hamilton, Ont. She has a particular interest in politics and social justice stories, and tweets live from Hamilton city hall. Follow her on Twitter at @SamCraggsCBC, or email her at samantha.craggs@cbc.ca