There is no question Dale King fatally shot 19-year-old Yosif Al-Hasnawi just before 9 p.m. on Dec. 2, 2017.

What a jury assembled in Hamilton Superior Court must decide is whether King, now 21, intended to kill or if he was acting in self defence when he shot Al-Hasnawi once in the abdomen.

During his opening address to the jury on the first day of the anticipated four-week trial, Crown attorney Brian Adsett argued the fatal shooting was second-degree murder.

"You'll learn how two groups of young men who met randomly encountered one another in front of a mosque in downtown Hamilton — with deadly consequences," he told the jury.

"Mr. King ... did not act in self-defence," he later said.

King has pleaded not guilty. But there are details both the defence and crown agreed upon — presented in an 11-point agreed statement of facts.

They agree King, who is Indigenous, was 19 at the time and had purchased a .22-calibre Derringer handgun for protection. He had been carrying it for weeks before the encounter that began outside a mosque on Main Street East and ended on Sanford Avenue South.

King and his friend, James Matheson, got into an argument with Al-Hasnawi, his brother and two friends. At the end of that argument three of the boys, including Yosif Al-Hasnawi, followed Matheson and King, who turned and fired his gun.

A single bullet hit Al-Hasnawi's abdomen and he was pronounced dead within the hour.

The jury also heard the two responding paramedics, Steven Snively and Christopher Marchant, are charged with failing to provide the necessaries of life.

Dr. Andrew Healey testified that the emergency department at St. Joseph's hospital received two "patch" calls from the ambulance on the ride in.

The first said Al-Hasnawi's heart rate was fast and he was confused. It was believed he was shot with a BB gun.

The second call relayed the 19-year-old had lost consciousness and had a dropping heart rate.

By the time the ambulance arrived, Al-Hasnawi was in cardiac arrest. As others attempted CPR, Healey did a quick ultrasound that showed bleeding in the abdomen and minimal heart activity.

He made the decision to open up Al-Hasnawi's chest — a last-hope procedure called a thoracotomy that involves exposing the heart in an attempt to stop bleeding. Healey explained that in cases of abdominal trauma, it has a single-digit success rate.

Records show 38 minutes elapsed between the time paramedics arrived on scene and the time Al-Hasnawi arrived in hospital. St. Joseph's is not the designated regional trauma centre — that's Hamilton General Hospital.

On cross-examination, Healey said it was "atypical" for Al-Hasnawi to come by ambulance to St. Joseph's. The General would have had a team and trauma room waiting, where St. Joseph's had to set up.

For this reason, and the delay, he said he flagged his concerns with a medical director for review.

Healey said he also requested blood for a transfusion, but no blood arrived during the 19 minutes in which he treated Al-Hasnawi before he was pronounced dead at 9:58 p.m.

Healey said he couldn't say whether blood would have made a difference as Al-Hasnawi's chances of survival were very low regardless.

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In his opening statement, Adsett argued that Al-Hasnawi, who was with family for Saturday prayers, had yelled at King and Matheson, who he saw yelling at an older man on the street.

The pair then turned their attention to Al-Hasnawi and his group, with King flashing his gun and Matheson "sucker punching" Yosif in the face, he said.

They ran off and Al-Hasnawi gave chase, quickly catching up and almost grabbing Matheson. Adsett said King, who was "some distance ahead," turned and fired, hitting a major artery and vein.

A series of surveillance videos strung together were played from the night of the murder, starting in Cadillac Jax Bar, where a man is seen putting on a jacket, picking up a grocery bag and shuffling out the door.

The man walks down the street, turning and gesturing at someone behind him, then King and Matheson come into view. They then cross the street to the Al-Moustafa Islamic Centre. Minutes later they are seen walking in front of a nearby convenience store.

Around the corner on Sanford Avenue South, five males are seen running, before King and Matheson are seen fleeing on other cameras north before parting ways.

Video from outside the convenience store shows a group gathered and two cruisers pulling up. The first cruiser was driven by Const. Michael Zezella, who described a "hectic scene" with more than a dozen people shouting everything from "it was a BB gun," to "it was a real gun," to a suspect description.

Al-Hasnawi was lying on his back with his shirt pulled up. There was a small puncture wound, a little bit of blood on his waistband and drops on his shoes.

Zezella tried to ask questions, but Al-Hasnawi couldn't speak, so he rolled Al-Hasnawi onto the "recovery position" on his left side while he waited for an ambulance.

The trial resumes Thursday.

noreilly@thespec.com

905-526-3199 | @NicoleatTheSpec